No, you will only receive 2.5% on money received by the estate and 2.5% on money paid out of the estate. The confusion may arise from the 10% commission mentioned in OCGA 53-6-60(b)(3). The commission mentioned in that statute is payable to the executor or administrator in the event that money... View More

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answered on Jul 17, 2023

Generally, survivor benefits from a pension, including General Motors pensions, are subject to federal income tax. However, the taxation of pension benefits can vary depending on individual circumstances and state laws.

In Georgia, retirement income, including pension benefits, is... View More

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answered on Aug 2, 2023

You will have to file Will for Probate or all the Heirs/ Next of Kin take. That pension might be deemed an Estate asset, and with Letters Testamentary you will be able to demand it be paid into the Estate. If administrator refuses, you will have standing to sue for breach of contract/conversion.

If you are going to challenge the legitimacy of a will, you should consider hiring an attorney as many of the arguments involve technical legal issues. Below is a non-exhaustive list of possible challenges to the will.

1) The will was not signed, witnessed, or notarized properly;

2)... View More

If the will is probated in solemn form, the heirs have 30 days to contest it. If the will is probated in common form, the heirs have 4 years to contest it. If probate has not been filed, then the time for contesting a will has not started and is extended until probate is filed.

My condolences to you and your family.

The answer depends on what is written in the will. Particular attention should also be given to any clauses in the will regarding the rest, residue, and remaining property of the estate.

Consult an attorney to avoid conflicts, expensive... View More

It depends on the language contained in the order appointing you as administrator or executor. If the order relieves you of the duty of providing inventories and accounting for the funds, you can distribute the funds and request that the court close the case. If you have not been relieved of the... View More

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answered on Jul 13, 2023

if there are no debts owed by the deceased and there is a valid will in place, the distribution of the pension to an heir specified in the will may be possible. It is important to note that the specific distribution of assets, including pensions, is determined by the provisions outlined in the will.

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answered on Jul 13, 2023

If the pension beneficiary is the Estate, then the Will beneficiaries will take that personal property. Next of kin take when decedent is intestate or partially intestate.

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answered on Aug 2, 2023

The next of kin will probably be entitled to the proceeds, unless there is a Will filed for Probate designating other beneficiaries.

It depends on the language in pension agreement. Some plans leave directly to heirs if no beneficiary is named. Others leave it to the estate if no beneficiary is named. You need to check with the pension provider to get you an answer.

Why are you just raising these issues 10 years later. What happened to the will you filed with the court?

A hearing will only be necessary if there is a challenge to the appointment of the executor. If all heirs agree to the appointment of the executor, the heirs can consent to the appointment in writing. The executor may have to go to court to take the oath of appointment though unless the court... View More

If there are survivor benefits, there should be beneficiaries listed on the survivor benefits policy. If the named survivor is still living, they can claim the benefits, and the benefits are not subject to probate. If the survivor died before you father, the benefits become an asset of the estate... View More

If the will is successfully probated, the person named in the will as the sole beneficiary will receive everything. If the will is successfully challenged by the heirs, the heirs will receive a portion of the estate.

If the will is successfully probated, the person named in the will as the sole beneficiary will receive everything. If the will is successfully challenged by the heirs, the heirs will receive a portion of the estate.

If you could provide more information, I would be happy to fully answer your question.

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answered on Jul 5, 2023

I'm sorry for your loss during this difficult time. Regarding the credit card debts, as a spouse, you generally would not be automatically responsible for your deceased husband's individual debts unless you were a co-signer or co-obligor.

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answered on Jul 5, 2023

Some pensions are taxable to the Estate, others may be taxed to the beneficiaries, who may or may not have enough income to file taxes. Insurance is usually not taxable income. Hire an attorney to look at your Estate, and probably help you Probate it.

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answered on Jun 29, 2023

If the deceased has no debts, the executor's main tasks would typically involve gathering and distributing the assets to the beneficiaries according to the will or intestate succession laws, paying any final expenses, and filing the necessary paperwork with the probate court to close the estate.