Get free answers to your Probate legal questions from lawyers in your area.
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
R the home for sentimental reasons but my little sister is telling me She forbids it. She does not live there but she does hold the key. Can I enter even without her permission because she believes she has the right but not me
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answered on Jun 28, 2024
Hire a GA attorney to search the title and determine heirship. If you are an heir, you have a right to possession.
If someone has this said new will and has refused to probate it how can I contest it??? They also have the ONLY copy of this said new will and the only copy of the first will made!!!
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answered on Jun 11, 2024
An interested party might file for an intestate probate administration. Then if will proponent wants a will to control, he will have to file it in probate case. There it can be contested if needed.
Only two Heirs (sons), all debt has been paid
Does an attorney need to submit this form to Probate or can I, as Executor?
answered on Jun 5, 2024
You can leave paragraph 4 blank on the Petition for Discharge. It will be helpful to have the heirs sign a consent to petition though. An attorney is not required to submit this form. However, it may be helpful to enlist the service of an attorney to avoid any possible issues.
Schedule a... View More
respective heirs, successors,and assigns were the context requires or permits . my dads gone and so is my step mom as one of his heirs can I just move into his house its not being lived in
answered on May 13, 2024
It depends on a few factors. If the deed was held as joint tenants with right of survivorship, then your step sister is the current owner of the property. If the deed was held as tenants in common, then whether you inherited your father's portion would depend on whether he left a will and... View More
His medical records as his mother. That’s all I need, all he has. Is this necessary and how hard is it
answered on May 2, 2024
First, I am sorry to hear about your loss. As his mother, you may qualify as an heir who can file probate for his estate. If he left no will, you would be the administrator of his intestate estate. If he had a will, you would need to be named as the executor to qualify. Once you are appointed to... View More
Does the widow of the deceased person has rights to the land? No will was made for the deceased person to give the land to their spouse.
answered on Mar 26, 2024
The exact answer depends on a few factors regarding the dates of death of the parent and child and the terms of the will. If the will listed the child died before the parent, the gift of the land will depend on whether the gift was listed as per stirpes, per capita, or otherwise. If the parent... View More
I plan on paying our two children the money, but is his widow due any part of this payment?
Thank you.
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answered on Mar 12, 2024
Based on the information you provided, it seems that your ex-husband had a legal interest in the $5,000 payment upon the sale of your home, as outlined in the divorce agreement and quit claim deed. When he passed away without a will in 2018, the legal question becomes who is entitled to his assets,... View More
The step-parent has living relatives: Mom and siblings
answered on Mar 13, 2024
The simple answer is no. But, when parent died, child would be an heir to her natural parent's estate. Depending on facts of case, an equitable adoption might exist between step parent and step child that would allow for inheritance. You should see a probate lawyer about that possibility.
I have no copy of the will but I was urgently forced to sign a document that she had, I never received any copy of it from her so I recently got one from the court and I am now trying to find out what I can do about it. I now understand that she has had me pretty much waive my rights to ask about... View More
answered on Mar 9, 2024
You should go by the probate court where the will is filed and get a full copy of the probate file. It will include a copy of the will. Once you review it, if you believe something is wrong, contact a lawyer specializing in probate law to get advice.
There was no will. I have three siblings and my stepdad. My brother passed away right after my mom. He had no heirs. My stepdad and my other two siblings don't want anything to do with the property because they have their own homes. How do I close out the Probate so that I can get the... View More
answered on Mar 7, 2024
You have a mess on your hands. You will need your the step-dad and 2 siblings to sign a disclaimer stating they do not want anything from the estate. If your brother who died has children, they are entitled to your brother's share.
Hospital csn he give me power of. Attorney an I cam get his belongings am truck
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answered on Mar 6, 2024
If your son is currently unable to retrieve his belongings due to a no-contact order, granting you a power of attorney (POA) can be a legal means for you to act on his behalf. A power of attorney would allow you to manage certain affairs for him, such as collecting his belongings, including his... View More
If the husband dies and leaving the widow the benefits and she dies, who shall the benefits go to?
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answered on Mar 8, 2024
When a teacher passes away and leaves their retirement benefits to a widow, the next steps regarding the benefits after the widow's death depend on the specific rules of the retirement system. Each retirement system has its own set of policies for the distribution of benefits after the... View More
He died due to the care taker canseling more than a dozen of his doctors appointments, changing his doctor, farming him for pills, and now shes selling and giving away his assets (furniture, farm equipment, vehicles, and all his guns are gone). my mother and i have lived next door on his property... View More
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answered on Feb 27, 2024
You need to file a petition in probate court in the county your grandfather lived prior to his death. The court will notify any other heirs or interested parties (including the caretaker) of the legal matter. You should request to be appointed the personal representative unless someone else can... View More
I know that she has money in the estate.
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answered on Feb 23, 2024
In the situation where you've paid for your friend's burial expenses and you believe there are funds in her estate to reimburse you, it's important to understand the legal process for handling debts and distributions from an estate. Generally, creditors, including individuals who... View More
Because they were heirs and executor does not do this , what are the consequences ? The will was filed with the court ,but as far as I know it was never probated ?
answered on Feb 12, 2024
The will isn't admitted to probate and the executor is never appointed until the heirs are notified. The petition will just sit there.
The inherent name was not changed from the deceased to the legal person. It was not recorded, nor did the money on the loan was reported to the credit bureau. The mortgage company and Fannie Mae illegally to the home. There are documents to prove it. It was also racially motivated, and a lot of... View More
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answered on Feb 5, 2024
When a will is probated and an individual is appointed as the executor and beneficiary, the legal transfer of property, including changes to titles and accounts, requires specific actions to be taken. The failure to change the property title from the deceased to the beneficiary can result from... View More
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