Get free answers to your Probate legal questions from lawyers in your area.
answered on Jun 24, 2020
If your brother resided in Georgia, his wife or children need to determine if he has assets requiring a probate being opened. For instance, if he has bank accounts exceeding $10,000 or real estate then they will absolutely need to either open an estate or file for year's support (if the... View More 
He has well over one million dollars worth of assets. And the will is only one page. It's extremely vauge to say the least. I am now being pressured to sign "acknowledgement of service..." and am unsure how to proceed.
answered on Jun 21, 2020
on the surface, nothing you said makes the will invalid. Ex-wives are excluded as though they predeceased if they appear in the will. If a child was born after the will was signed, he might still be included. You should seek legal guidance before acknowledging service and asserting to probate.
Can I contest this claim?
answered on Jun 19, 2020
I don't have enough information to advise you. If the house was owned as joint tenants with right of survivorship, she owns the house. You are free to open an estate for your father and investigate what happened to his estate.
What is in the estate?
answered on Jun 8, 2020
You should never sign any document you receive without fully understanding what you are signing. You should hire a lawyer to explain to you exactly what you are signing. For this very limited purpose, a lawyer should need about 15 minutes to review what you have been given and explain it to you.... View More
3 of the 5 children found and responded. I'm trying to admend petition. Please respond
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answered on Jun 4, 2020
Good Evening: I am posting #4 here:
Required: [Provide sufficient factual information to enable the Court to conclude that all
of the heirs of the Decedent are included and that there are no heirs of the same or closer degree
according to O.C.G.A. § 53-2-1. Provide the... View More
My fiancé was recently arrested for probation violation. He was homeless prior to been put on probation. He was ordered to complete 100hrs of community service (Which he completed) and take anger management class which he couldn’t afford do to his living situation at the time. He requested a... View More
answered on Jun 3, 2020
Your circumstances are unfortunate. It is best to contact an attorney as soon as possible.
We are glad to assist you. Contact us whenever you are ready.
We wish you well.
-The Upshaw Law Firm, (770) 240-0922.
Is it Ga law that someone is to have a revocation hearing within 60 days from the arrest date or the case is to be dismissed for lack of speedy trail as this is a violation of someone sixth amendment right, also that a person can only be held for a total of 180 days before they have to be released
answered on Jun 5, 2020
No and no, there is no set statutory time period for a person to have a probation revocation hearing. It must be within "a reasonable time". There is no speedy trial for revocation. The 180 days to be released I believe has to do with interstate detainers not probation revocations.
Man dies leaving car to his wife who then takes full ownership titling it in her name. Man also puts in will that upon wife's death his son is to have the car. If the car is legally the wife's now, is this even legitimate?? Does the son have a claim?
answered on Jun 2, 2020
If the man willed his car to his wife, and she put the car in her name, she is free to do whatever she wishes with the car. She is not required to then pass the car along to the son.
It’s extensive, so I would need more space to properly explain the issue.
answered on Jun 1, 2020
It may be best to contact an attorney who can assist you with the specifics of your case.
We will be glad to assist you. Contact us whenever you are ready.
We wish you well.
-The Upshaw Law Firm, (770) 240-0922.
answered on May 30, 2020
Send certified letter to him. If he continues to refuse to communicate with you, you can file a petition with the probate court.
missing since 2004, it has been almost 15 years now and i need to know how to get him legally declared dead with certificate to take care of Social Security. what are my options or information on how to do this?
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answered on May 28, 2020
Make an appointment with your nearest Social Security office and bring the Court Order of Presumption of Death with you. If you have his social security card, bring that too. You will also need identification for yourself, such as a driver license, and it would be a good idea to also bring your... View More
Married five years with 2 kids. I put my wife on the deed of the house...If I pass way does my property get left to my ex wife or my new wife? Also would my ex wife collect my pension? I don’t want the ex to get anything from me. I want everything to go to my current wife
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answered on May 27, 2020
You need to contact an attorney who can write a will for you.
answered on May 21, 2020
Yes. While it is usually not advisable, it is legal. When there are co-administrators, they both have to be around to sign all documents and checks. You will be hard pressed to find a bank that will allow you to demand two signatures on a check. Also , without proper language in a will, you... View More
answered on May 17, 2020
That is a very difficult question to answer because there are so many levels of help. Rather than worrying about how much the lawyer is charging, interview several lawyers across the state, ask what they charge and what services they offer. Choose to hire the form lawyer offering you the best... View More
The executor is the sister of the grandfather and is not paying taxes on property and trying to sell when the rest of the beneficiaries do not want to sell.
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answered on May 16, 2020
I am sorry for your loss. There is not quite enough detail to answer this question. You mentioned that the executor of your grandfather's estate; therefore, I assume there was a Will. If the Will gives her discretion in selling the property, then she may sale the property so long as she... View More
He passed in a nursing home in Georgia where I live.
answered on May 14, 2020
You will file for probate in Georgia, in the county where he lived.
He also made my mom the second trustee so if I die she gets everything. I even put my assets in the trust. It has its own tax Id and everything. The house my viper my 1976 classic bronco and all my money and etc are all in the trust it’s a revocable trust and I have left it open since my father... View More
answered on May 14, 2020
I’m not clear on what the question is here. You may want to revise. It sounds like it would be beneficial to speak with a probate attorney. -Homer P. Jordan IV, Esq. 404-620-1558
Does Georgia law permit a probate court judge discretion to 1) refuse to order an evaluation by a physician, psychologist or a licensed clinical social worker, 2) If no, does the State of Georgia recognize the guardianship order, and 3) prohibit, or even have the authority, to deny an application... View More
answered on May 13, 2020
1. An evaluation is required by law and the court cannot simply order that it not occur.
2. The State of Georgia along with all people and entities must recognize the Order
3. As for prohibiting or denying an application for services, that is not connected to the guardianship... View More
My husband has being paying the property taxes for the last 5 years, doing the upkeep of the property. My father in laws wife is in a nursing home with dementia.
answered on May 1, 2020
No. Your husband needs to file to open an estate for his father in the county where his father lived. He should attempt to be appointed administrator. Once he is appointed administrator, he can determine what the next decision for the estate should be. It is not to move into the house.... View More
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