If your mother did not leave a will or medical directive stating her final wishes, it would have to be litigated if there was disagreement among the family. You would need to file an injunction to prevent your uncle from completing the cremation and then have the probate court make a final... View More

It depends on whether your name is on the title. If so, you can probably take the title and a death certificate to tag office and get the car placed in your name.

If that doesn't work, you can foreclose on the car since deceased person will not be making payments. There is a statutory... View More

If your issue is the bank accounts of the decedent, then let the relevant banks know the decedent has died. Do this in writing as well as in person or on the phone. This should freeze these accounts. If you need to get someone accountable for managing the estate, probate the estate yourself, seek... View More

It is possible. Every attorney charges different fees. Some collect fees before beginning work. Others collect at the end. Some charge contingency fees. Others bill hourly and dome charge a flat fee.

It will depend on the size and liquidity of an estate. For instance, if the estate is s... View More

Glenn T. Stern Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2023

The correct charge should probably be OCGA §16-13-32.2 (Possession and Use of Drug Related Objects), a misdemeanor. The prosecution will normally review the case before formally charging it, so I would expect them to change it to the proper charge before it is accused.

I'm sorry to hear about your situation. In order to determine your son's rights in this situation, it would be best to consult with an attorney who is knowledgeable about probate law and estate planning in the state of Georgia.

Generally speaking, if your ex-husband had a valid... View More

I'm sorry for your loss. Regarding your question, it may be possible to contest the distribution of property depending on the specific circumstances of your son's estate and the laws of Georgia.

In Georgia, when a person dies without a will (intestate), their property is... View More

If he did not have a will, then Georgia law provides a specific order of priority for who can serve as the administrator of the estate. Typically, the surviving spouse has the first right to serve as the administrator, followed by any adult children.

To begin the process of being appointed... View More

I'm sorry to hear about your situation. If your sister's husband's name is on the title to your mother's house, it is possible that he may have a legal right to the property.

However, it is important to note that just because your sister's husband's name is on... View More

In Georgia, adoption generally terminates the legal relationship between a child and their biological parents, including any rights to an inheritance from the biological parents' estates.

This means that if your nephew was legally adopted by his stepfather, he likely would not be... View More

I'm so sorry to hear about your loss. Losing a child in a car accident can be a traumatic and devastating experience, and I understand your desire to be involved in the situation.

In terms of your legal rights, it depends on the specific circumstances of the case. If your daughter died... View More

In Georgia, you typically file a petition in the county where the ward (your disabled brother) resides. Since your brother has moved to a new county within the state, you should file the subsequent petition in the probate court of the county where your brother currently resides.

According... View More

If a conservatorship has already been established in one Georgia county and the ward is later moved to another county within the state, it may be necessary to domesticate the conservatorship in the new county.

Under Georgia law, the conservator of a protected person's estate may file a... View More

If continuances were granted, then it would be difficult to argue that there is a problem. Motions for continuance can be objected to. Talk to your attorney.

Most wills are upheld against caveats. I'm sure they claim a lot of stuff in their caveat. I always do. A caveat will lead to a trial if the issue is not settled before. No reason this should take longer than a year or so and may be handed much faster. Deciding whether the issue is worth... View More

I bet if you let the clerks know your issue beforehand, at worst you and your prospective spouse could meet with the judge privately in his chambers. You might need to bring a witness.

The designation in poas creates a preference for the designated. The issue still needs to go before a judge if a guardian and or conservator is to be appointed.

Another question is why do you need the courts involvement if you already have poas. See an elder law attorney in Georgia.

The best you can do is ask to speak with a bank officer. If that does not work, ask to speak to the legal department. If all of that does not work, you can file suit against the bank and collect attorney's fees.

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2023

If the house is still in your mother's name and she has Alzheimer's and is unable to manage her affairs, it may be necessary to establish a conservatorship to manage her assets and make decisions on her behalf. A conservatorship is a legal arrangement in which a court appoints a person or... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 8, 2023

You probably need to hire a GA attorney to represent you. Otherwise at least go to the Probate Court and read the File verbatim. Ask the Clerk if there are any Hearings scheduled.