Get free answers to your Probate legal questions from lawyers in your area.
How was this overlooked by three lawyers and a judge? It seems that something so basic would be confirmed by any attorney. Why would my case be transferred to a new jurisdiction?
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answered on Nov 15, 2024
If the will is not filed for probate it means nothing. Hire a GA attorney to represent your interests.
I don't know why two previous lawyers have not wanted to charge the executor AND his Real Estate Agent/Lawyer/Tax Preparer and Tax Lawyer/Property Management Company Owner. He seems to be holding on to the "no admin required" agreement for dear life. I haven't got a clue why my... View More 
My grandfather's property on his land tax accessor online went from owner: state of so and so then to owner: estate of so and so with ATTN so and so rite under it..... What does that mean???
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answered on Nov 6, 2024
That is the tax assessor's on line chain of title, which may or may not be correct or complete. Hire a GA attorney to search the title and explain to you the title.
answered on Oct 29, 2024
If the tenancy was intended to be joint tenancy and not tenancy in common, survivorship rights should be automatic. If that is the case, the only thing necessary to vest title in the survivor would be a Affidavit of Survivorship and a copy of the death certificate. A complete review of the deed... View More
Father dies in 2018 as joint tenant without ros with mother who died in 2024. Nothing has been filed with probate yet. I am the only biological child and have 2 older half brothers (from mom's previous marriages). Do I inherit half of my fathers interest in the home or is it divided between... View More
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answered on Nov 16, 2024
Joint tenant WITHOUT rights of survivorship is tantamount to a tenant in common which means the owners' ownership interests may vary.
Your facts need to be clarified a little more to answer your question comprehensively. For example, was your dad married to someone other than your... View More
Will he get gain time in PDC for those extra days/months that he sits in jail waiting to be transferred?
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answered on Oct 24, 2024
You need to repost your question under Crime in GA.
I am the executor of her state and have gone through probate but did not change the name at the time. I live in Florida, my mom's house in in Augusta ,Ga
answered on Oct 22, 2024
It depends on where probate was completed. If probate was completed within the State of Georgia, you will only need an executor's deed to transfer the property. If the probate was completed outside of the State of Georgia, you will need exemplified copies of the letters testamentary and will... View More
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answered on Oct 11, 2024
When you receive a survivor benefit with federal tax withheld, you might be eligible for a refund when you file your tax return. Whether you get a refund depends on your total income and the amount of taxes you owe for the year.
When you file your taxes, the federal taxes that were withheld... View More
My mother died intestate leaving only a car and saving/bonds/stocks/IRA's worth a large sum of money. The 4 children have all agreed that one brother can act as an administrator. Should I consent to grant all powers to him like his attorney suggests? Waiver of bonding, waive reports to the... View More
answered on Oct 11, 2024
Where you live is immaterial. Where the estate is being opened is what matters as that state's laws will govern the administration of the estate. Whether you should consent to granting powers, excusing reporting and not requiring a bond all comes down to trust. Is your brother going to do the... View More
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answered on Sep 16, 2024
If the Will was Probated, then the beneficiary's heirs and next of kin take.
answered on Sep 14, 2024
It depends on whether the bequest was given in the will per stirpes or per capita. If per stirpes, the gift flows to the lineal descendants of the beneficiary - children, grand children, great grandchildren, etc. If there are no lineal descendants, the bequest goes to the residuary beneficiary in... View More
answered on Sep 5, 2024
An objection to a will is known as a caveat. A prenuptial agreement, which is a contract between two parties, may affect the assets that are included in the estate. If there are items in the prenuptial agreement that should not be included in the estate, the rightful owner will need to file a... View More
answered on Sep 2, 2024
Yes, any heir may retain counsel prior to the passing of the individual that the heir may inherit from. If you anticipate that the estate may be contested, it would be in your best interest to retain counsel yourself.
Schedule a free consultation to make sure that your inheritance is protected.
Is there case law in which an estate was required to pay alimony arrearages?
answered on Aug 29, 2024
Alimony can be claimed against an estate. The priority of alimony is set by statute, OCGA 53-7-40. Alimony falls under judgments and is 6th in priority under the statute.
I am in touch with the deceased owners son who is willing to sale. We just need to figure out the deed and we are ready to move
answered on Aug 29, 2024
To change the name on a deed from a deceased person to facilitate a sale, a legal process such as probate is typically required. Probate is necessary to transfer ownership from the deceased to their heirs or beneficiaries. Once probate is completed, the executor or personal representative can sign... View More
There is a lot of information to write down. The situation in short is my family member is dead. His girlfriend broke up with him, according to a documented police report & body cam footage, the night he died in an accident. She now provides a Living Will (Not Will & last testament) printed... View More
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answered on Aug 22, 2024
Please note that I am not admitted to practice law in Georgia, but I found this information through a brief Google search, and the requirements in Georgia are similar to those in most states. In Georgia, for a will to be valid, it must meet specific requirements, such as being in writing, signed by... View More
answered on Sep 11, 2024
Yes, as of July of 2024, transfer on death deeds are legal and enforceable in the state of Georgia. The transferee does not become an owner of the property until the death of the transferor. The transferee is required to file an affidavit within 9 months of the death of the transferor. If no... View More
The ex wants to sell and asked for the death certificate. My question is , can the ex husband sell the home and take all of the proceeds? This is in Georgia
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answered on Sep 3, 2024
There is not enough information to answer your question. A lot depends on what was written in the settlement agreement regarding who would get the home. You need to consult with an attorney who can review the divorce documents and give you advice.
If you're arrested on a bench warrant and u have ur purse on u can the police legally search it? No new charges so no reason to search for anything that would have to do with a new crime being committed.
answered on Aug 15, 2024
Most likely, yes. Your person and/or purse can be searched incident to arrest without a warrant.
answered on Sep 3, 2024
Yes, your mother's estate will be split according to the laws of intestacy. The split percentage depends on the number of children your mother had. If you are an only child, you and your father will each get 50%. If there were multiple children, your father will receive no less than 1/3 of the... View More
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