Living there on and off for a year and has mail come there.
If it’s legally your house then you can have him evicted. You will need to go the legal route to do so.
Is the Power of Attorney assignable? Is there another way to legally appoint someone to see to my affairs for my husband who isn't able?
No, the agent’s authority under a power of attorney is not assignable or delegable. The best solution would have been for your husband to have named a successor agent in the existing power of attorney. Chances are, however, it is too late for that because he lacks capacity. If you pass most... Read more »
I am requesting a "estimate quote to have a lawyer draft up a Qualified Income Trust for Long-Term Care (i.e. Medicaid). I have a "Durable Power of Attorney for Finances", a "Durable Power of Attorney for Healthcare" and a "Will" for my mother. My mother has two... Read more »
Attorneys are not allowed to provide direct quotes via this forum. You need to contact an attorney directly for a quote. A quote is normally not given until after a complete consultation. This is similar to a doctor not providing treatment until after a consultation and examination.
A... Read more »
Need the code which states an only child must provide three affidavits stating the person is indeed an only child
Not saying you will find it, but the Probate section of the Official Code of Georgia Annotated (OCGA) can be found here:
https://law.justia.com/codes/georgia/2019/
My brother didn't have a will. He was still legally married, but his wife moved out of their home in 2015. My father moved in to physically care for him in 2016, due to declining health. I began helping him manage his small trucking business. He had me write the check and sign his name,... Read more »
Who is “she” that you are referring to? The ex who left him in 2015? Your question is a little confusing. You may want to consult with attorney who can review the facts and provide you with guidance.
Prior to them consulting the ward. Law states that 60 days after appointed over ward either by hand delivered or date stamped mail they are to sit with ward listen to them & inventory assets. They have not even contacted ward & 60 days are up however she closed all the accounts leaving... Read more »
yes as to closing accounts. Call conservator and make an appointment for ward to visit. Share your concerns at that meeting. Get a budget established. If all else fails, contact probate court.
And is that considered the 60 days from served documents the notice put shows no letters from the courts that were to be mailed or hand delivered? Conservator hasn't as much called or anything to see what he needs but closed all His accounts leaving him w no $ not even being to get gas to... Read more »
I do not understand your question. I'm sorry.
My father passed in feb and my sister came up with a new will after 20 yrs of the old one being in place back in dec do i get anything and how do i find out if that will my sister has is real or not.
If she tries to get the will admitted for probate, you can attempt to contest it, if you have valid reasons to believe he was under duress or not competent when it was executed.
It would be wise to consult with an attorney who can review the facts of your case in detail and provide you with guidance. We would need to know more about this case in order to provide you with guidance
If the will is being probated, you should receive a notice of the probate.
my grandad passed and left in his will everything to his wife which was our step grandmother. She passed a few months before him and my grandad left her son-n-law executor. He is telling me that since she is no longer here it will go to her kids instead of us grandkids that are blood. Is this... Read more »
This is a difficult question to answer. It all depends on exactly how the will is written. Generally, the bequest to thee wife will go to the contingent beneficiaries, but not always.
My father has been deceased for 19 years. My step-mom want to exhume his body and cremate him. I am his daughter and I want to see if I have any legal rights to stop her?
My step-mom is currently remarried. Her reason is she doesn't want him there (she pick the place) and she... Read more »
As you might imagine, we don't see this issue come up every day. Without doing much research on this, I am providing to you a statue (law) which might mean your mother could be charged with a felony for doing this.
++++++++++++++
OFFICIAL CODE OF GEORGIA ANNOTATED
§... Read more »
Will states: he be relieved from giving any bond & making any inventory, appraisements nor returns of any kind whatsoever to any court.
Is there any way he could transfer the house to the estate & sell it without notice? The executor is not a family member and has not acted in good... Read more »
Because the will excuses the executor from a bond or accountings, the executor still must meet his fiduciary duties. If you feel the executor is not properly performing his job, you should retain an attorney to assist you with enforcing your rights as an heir and beneficiary.
A house would typically be considered marital asset, and it was likely both hers and her husband’s. We would need to know more details to provide additional information specific to this situation.
Any changes to a will must be executed in the same manner as the original will. You will need witnesses and a notary.
They are not legitimate through Superior Court are they heirs? The courts asked for a list of siblings I only gave my whole brothers and sisters but the ones born out of wedlock started calling and got on the probate Court Records as heirs how is this possible. I'm the administrator but... Read more »
As Administrator, it is your job to file a Petition to Determine Heirs. Each person who thinks he is an heir will have to prove to the judge how he is an heir. This type of action is best handled with attorney assistance.
In our upcoming retirement, we are considering refinancing our home as a joint mortgage including our daughter and husband. If in the future there is a financial judgment against our daughter or husband, for whatever reason, is the entire home value considered or only their share?
There are many other pieces of information we would need to provide a competent response. That said, you would not want to include the daughter and husband on the mortgage. Why would you unless they, too, are going to be co-borrowers? Perhaps you are thinking about putting them on the d-e-e-d... Read more »
What do I do to get it back? He died in that bed with me.
My condolences regarding your fiancé passing. You may want to try asking her nicely if you can have it simply because it has sentimental value to you.
For example the father passed he had no living relatives but two children. child one says they knew about a will but it is no longer there, the court system has no record of any will being filed. Child two payed for the funeral funds as well as has some of the deceased persons property. Child one... Read more »
Without a Will being probated, the Decedent died intestate. His heirs at law are the owners of the land, as tenants in common of undivided interest. Hire an attorney to determine heirship, file an Affidavit of Heirship, and possibly draft a Deed for the other heirs to transfer to one heir.... Read more »
He was not named in the will. Am i entitled to inherit anything from my grandmother's estate as heir at law?
Also, am I required to sign the petition to probate will?
You should consult with a probate attorney who can review the facts of your case in detail and provide you with guidance.
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