Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 9, 2023

You probably need to hire a GA attorney to represent you.

Since your stepfather died first, you should have received 50% of the home subject to the mortgage.

If your stepfather’s estate didn’t make other arrangements to pay off the mortgage, you and your mother likely would have had to refinance to pay off that mortgage, with you and your... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 25, 2023

You will have to consult with a GA attorney. Whether the Will was Probated or not is important.

Most real estate attorneys can handle a barment. However, without also filing a suit to quiet title, you will not be able to pass marketable title to a purchaser of the property. Schedule a free consultation to ensure the barment is done correctly.

You will most likely need to probate the will in solemn form. If you are also named as the executor, once you are appointed as executor with letters testamentary issued, you can then transfer the property into your name once the creditor claims period has expired. You can also manage insurance and... View More

T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 13, 2023

The calculation and availability of survivor benefits in your dad's pension plan would primarily depend on the specific terms and provisions of that plan. Typically, pension plans offer survivor benefits to spouses and, in some cases, other designated beneficiaries.

To understand the... View More

T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 12, 2023

In the state of Georgia, a surviving spouse may have the possibility to collect the unpaid unemployment benefits of a deceased husband under specific circumstances. One crucial factor is the duration of the marriage, and a marriage lasting over ten years could potentially meet the eligibility... View More

There are no forms for objections or caveats in Georgia when contesting probate. It would be wise to consult an attorney prior to filing so that you don't end up getting yourself in trouble.

In order to be self-proven, a will or a codicil has to have a self-proving affidavit attached to it pursuant to OCGA 53-4-24. Since the codicil in question does not have a self-proving affidavit, interrogatories to the witness must be produced to confirm to the court that the will was signed as... View More

Nina Whitehurst Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 16, 2023

Yes, you can transfer your property to your trust. All that is required to effect the transfer is a deed.

The real question is what are the consequences if/when your lender finds out. The answer to that question depends on whether the property is residential or non-residential and whether... View More

It depends on the wording in the will, but generally, yes, it can change and often does - children, siblings, nieces, and nephews get disinherited when a parent remarries and leaves everything to the new spouse. Schedule a free consultation so that your aunt's will can get reviewed to see what... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 11, 2023

You can ask the Probate Judge to set a lower fiduciary bond. But usually someone else that can qualify for that bond requests to become administrator, sometimes an attorney. You may be including items which are not part of the Estate. Consult with a GA attorney that knows Probate, and you can... View More

The court cannot order someone to return the money. Even if everything you say is true and the thief admits it. The court can give the estate a judgment against the thief. That's all a judge can do.

If the thief was (is) the personal representative and under a bond, getting judgment... View More

If the estates are still open, your best bet would be to petition the probate court to have the items removed or have the estate pay you a storage fee. You could make a claim as a creditor. Since you are the legal owner, you technically have the right to have the remaining personal property removed... View More

T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 2, 2023

The time it takes for heirs to be served by the sheriff after the petition to be the executor is filed in probate court can vary depending on the specific circumstances and workload of the court. In Georgia, the process typically takes a few weeks to a few months. The court will need to review the... View More

This is far more complicated than it seems. If the spouse has a wrongful death claim, and elects not to pursue it, the claim goes away. No one else can pursue it. If she wants to pursue the claim, but does not want the money, she has to first get it, and then give it away, which comes with gift tax... View More

Nina Whitehurst Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 30, 2023

If the trust is unfunded, then all of the decedent’s assets that do not have beneficiary designations become part of the decedent’s probate estate and, having no will, the decedent’s estate will be governed by the laws of intestate succession.

This demonstrates a classic estate... View More

It depends on a lot of factors, but it usually takes anywhere from 7 to 30 days. If the heir cannot be located at the address provided by the petitioner, it will take a lot longer.

Yes, if the powers granted by the court give the administrator the power of sale. However, the administrator may ask the judge to approve a sale of the property even if the power of sale was not granted in the letters of administration.

No, your sister cannot put it in her name solely. In order to transfer the property from your mother, a probate administration will have to be opened for your mother's estate. From the probate case, the property will either transfer to all of the children equally, or it will need to be sold to... View More