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Ga Code 53-4-23a (2020) says
a. If a subscribing witness is also a beneficiary under the will, the witness shall be competent; but the testamentary gift to the witness shall be void unless there are at least two other subscribing witnesses to the will who are not beneficiaries under the... View More 
answered on Aug 30, 2022
This is more so an issue if there is a challenge to the will. As a matter of law, the bequest would be void.
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answered on Jul 10, 2022
To challenge a Will, one must file a caveat, or objection.
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answered on Jul 7, 2022
Whether probate is necessary depends on how your mother has the house titled at her death.
...it over to me. The property is still in his name only and I don't not think there are any liens in the property. It is in the state of Georgia. My question is am I able to do the proper paperwork on my own?
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answered on Jul 4, 2022
No, when you are dealing with real estate and property owned by a decedent, you should always have an attorney who practices in this area handle the matter.
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answered on Jul 2, 2022
Hello, unfortunately, I am unclear who "she" is, whether she is the judge, or whether she is the non-compliant party. If the latter, judge's can enforce their orders by contempt. It depends on the issue what the judge may do.
I am the sole person, listed as beneficiary & awarded in probate court.
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answered on Jun 17, 2022
You don’t HAVE to pay the mortgage, but if you don’t the lender will foreclose and you will lose the house. Putting it in a trust will not change this reality. If it did everyone would do it.
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answered on Jun 11, 2022
No, the administrator must distribute the estate in accordance with the law or order of the court.
Member I could not keep making the 1200 mile trip back and forth to decide what I could or could not have in my mothers estate. She has sent me a bill for $60.50 to file it . is that normal? She has made it obvious that she sides with my Crooked brothers that have stole my mothers property . And... View More
answered on May 9, 2022
After researching it, I note that Butts County is in Georgia, not Florida. Whether it is appropriate for the judge to charge you to file your letter. You should ask your question in Justia > Ask a Lawyer > Georgia; it is not a Florida question.
answered on May 10, 2022
Yes. Evidence can be admitted by way of video or verbal testimony. Therefore, the officers involved in the traffic stop could simply testify to what took place (what they observed) and it would be up to the judge or jury to determine if that verbal testimony is credible. As you might imagine,... View More
My cousin who is mentally handicapped lived with his grandmother and was taken care of by her. She passed and now her children want to take his personal belongings and add them to the estate.
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answered on May 2, 2022
The personal belongings that are his do not belong in the grandmother’s estate.
answered on May 3, 2022
Consult with an attorney who can review the facts of the case in detail to determine if you have options to explore.
the house was original in my wife and i name but since she has passed i have probated the will and need to know what paperwork needs to go to the courts to have just my name on the deed
answered on Apr 25, 2022
The answer to this question will depend on what is stated in the Probate Court Order and also the powers stated in the will. You may be required to take additional steps before transferring the title to real estate. If so, missing these steps would affect the title.
Consult an attorney... View More
The sister was actually suppose to get property but the son swapped the names on the will
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answered on Apr 1, 2022
Sister needs to hire a competent GA attorney to contest the Probated Will.
My mother lied multiple times on a petition to take my kids. She said I abandoned my kids when I did not. She kicked me out and I let my kids stay with her to have consistency but I was there every day with them, picking them up from school and caring for them until they went to bed. And on... View More
answered on Mar 30, 2022
This boils down to an evidentiary question. Contest your mom's allegations with your own evidence (i.e. witnesses, phone records, etc.) in court and it is up to the judge or jury to determine what is credible evidence and therefore "fact." Remember, petitions merely consist of good... View More
8 children, 4 out of 8 were excluded in moms will. Since them one of the 4 has passed intestate with no spouse or children. So, the land and home which was shared interest 4 ways must now be divided 1/4 for the 3 in the will and 1/7 of the 1/4 for the split of the brother who passed intestate. The... View More
answered on Mar 9, 2022
You do not need a lawyer to file a caveat. As I tell folks all the time, you don't need a dentist to pull a tooth either. However, I would not recommend doing either without professional help. You should locate an attorney who handles probate matters to ensure you are getting the right advice.... View More
Couple was living separately for 10 years, have no children, and the decree provided ~50/50 split of assets. Does the surviving spouse still have all the rights as a primary beneficiary if the other spouse dies intestate? Next of kin are surviving siblings.
answered on Mar 7, 2022
If a couple is living under a separate maintenance agreement when one of them dies, the couple is considered married for all purposes of inheritance. hose rights however can be altered by the terms of the separate maintenance agreement.
US citizen (Georgia resident at time of death) had a land in France. He had a will but that specific property was not included in Will. What inheritance law applies to this property? Georgia law or French law? I would appreciate if you quote the georgia law section that mentions that.
Many Thanks
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answered on Mar 3, 2022
The Residuary Clause of the Will includes non-devised real property. So the Residuary Beneficary owns the land. You will have to hire a French attorney to cure title there, but I am sure a certified copy of the Probated Will is necessary for ancillary administration.
The beneficiary was named to receive the residence of the deceased as well as 25% of the estate. The deceased died in 2004 and the administrator has refused to make distribution.
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answered on Mar 2, 2022
The beneficiary needs to hire an attorney to research what has happened to date in the probate case and possibly petition to have the executor removed and replaced is he or she is not doing his or her job.
Is set 3-02-2022. My mother boyfriend won't leave. What do I need to do
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answered on Mar 2, 2022
After you are granted Letters of Administration, hire an attorney to prosecute the eviction process.
My sister has agreed to pay me, but now that we are in probate, I don't know if I should send a "bill" or not.
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answered on Feb 10, 2022
I would first like to extend my sympathy regarding the loss of your father. The short answer to your question is yes. You should file a claim against the estate in probate. Sending out a "bill" to your sister is not sufficient. In order to protect your claim a properly filed claim... View More
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