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My father passed away in 2020, and the home was valued at around $75,000 at that time. After recent improvements, the home's value has increased to $125,000. My mother has now passed away, and we need to determine the Fair Market Value (FMV) for probate purposes. The house deed does not... View More 
answered on Jun 12, 2025
A Georgia deed that is silent about survivorship creates a tenancy in common by default. Using your numbers, your father’s 50% interest would have been valued at $37,500 in his estate. However, part or all of that interest may have passed to your mother—either under his will, if he had one, or... View More
As a co-executor of my father's estate, my sister has all the paperwork related to his property, which was recently sold. Despite my requests, she refuses to show me any documents. She claims the property sold for a certain amount, but online records indicate it sold for much more.... View More
answered on May 20, 2025
First, check with the Probate Court in the county where your father lived to confirm whether probate was opened. If so, request copies of all of the probate records, including the petition and accounting/reports to the court, if filed. If you are a beneficiary under the will or an intestate heir... View More
My husband passed away recently in Georgia without a will. I am filing for a Petition for Letters of Administration to access my late husband's assets. He has one son, whom he hasn't had any contact with in over 32 years by the son's choice. I have no idea how to find or contact him.... View More
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answered on May 12, 2025
The son is not a decedent as such term applies to deceased persons only. The son is, however, an heir who is entitled to notice of your petition filed with the court. You, as your husband's spouse, however is entitled to year's support which, if timely filed would grant you an opportunity... View More
My grandmother, who is still competent, put her house in the name of her daughter, who has power of attorney over all matters. However, she wants to leave the house to someone else in her will due to a strained relationship with her daughter. The house has been my grandmother's for 20 years,... View More
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answered on Apr 24, 2025
Power of Attorney does not convey ownership. The daughter simply steps in the shoes of the principal(grandmother) for a specific amount of time. Upon the principal's (grandmother's) death, the property remains in the principal's (grandmother's) estate and if a Last Will and... View More
Can three appointed successor trustees, managing property on behalf of beneficiaries, collectively have the same authority as the original deceased trustee, given that they are working together as a team?
answered on Apr 14, 2025
Under Georgia law, successor trustees possess the same authority as the original trustee. According to OCGA Section 53-12-201(g), “A trustee appointed as a successor trustee shall have all the authority of the original trustee." This is the default rule but the terms of the trust could mean... View More
If a will stipulates that beneficiaries be paid over a 5-year period based on the business's value at the date of death, is the executor responsible for ensuring these payments even if the business is underperforming? My father's will appointed the manager of his small trailer rental... View More
answered on Apr 10, 2025
The executor is obligated to carry out the terms of your father's will, regardless of the business’s performance—unless the will explicitly conditions the payments on available business income.
If the will says beneficiaries are to be paid based on the business's value at the... View More
I am in Georgia and interested in obtaining legal forms related to real estate for a residence, specifically an affidavit of survivorship and Transfer on Death (TOD) deed, as part of my estate planning. These seem simple, but I'd like guidance on how to proceed, including where I can find... View More
answered on Apr 10, 2025
I recommend you consult with an estate planning attorney to prepare these documents. There is a statutory form Transfer on Death Deed provided in O.C.G.A. Section 44-17-3. However, a person's specific circumstances often warrant specific modifications or additions to the form to ensure their... View More
I am the administrator and an heir of my father's estate. The court has named me the administrator, and there is a will that specifically mentions the property. I have already gone through probate, and there are no other heirs with claims to the property. What is the process for having the... View More
answered on Mar 27, 2025
If you are acting as administrator pursuant to an administration with will annexed, you will need to sign an administrator's deed to the party listed in the will as the beneficiary or beneficiaries of the real estate. If you are acting as administrator because the will is invalid or... View More
After my father passed away on July 7, 2024, everything was left to my stepmom, who now has dementia and is in hospice care. My brother claims ownership of assets like a truck and lawn equipment, but the will has not been made available for me to see. What actions should I take, considering probate... View More
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answered on Mar 23, 2025
You can move forward with probating the estate and requesting to be the personal representative. At such time, if someone has the Last Will and Testament, they can object. They would then need to produce the Last Will and Testament. From the form of the statements above, it seems you assume that... View More
I need advice regarding a will that dictates the inheritance of an estate. An uncle has borrowed money against the property and leased it out. The will is clear about who should inherit the estate, and I have copies of it. Discussions have taken place, but the uncle refuses to sign over the estate.... View More
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answered on Mar 9, 2025
Was the will filed for probate? If not it means nothing. If probated, the executor's duty is to marshal up assets and make sure the devise is executed in possession of the devisee. Executor and/or devisee can file for unlawful detainer and quiet title. Also Devisee can file an ejectment... View More
I have an irrevocable minor trust set up for my daughter that is held until she turns 18. The trust had some interest income the first year but none since, as it's now in an interest-free account. There have been no disbursements. Do I still need to file tax form 1041 every year?
answered on Mar 2, 2025
You will want to consult a tax professional to confirm specific trust filing rules. Generally, a Form 1041 (U.S. Income Tax Return for Estates and Trusts) is required for a trust if it has gross income of $600 or more in a tax year or if it has any taxable income (even if under $600). Since... View More
I believe that representative trustees of a bank-held trust fund have breached their fiduciary duties over the course of 15 years, either negligently, deliberately, or both, in the administration of the trust and its express and sole purpose. What kind of attorney should I consult for this matter?
answered on Mar 2, 2025
I agree with Nina's answer and I'd also recommend you find a law firm with specific experience litigating against corporate trustees (e.g., banks or financial institutions) who understands how to navigate these complex cases, including obtaining financial records, forensic accounting, and... View More
My father passed away in July 2017, but no will has been filed or probated, and no Letters of Administration have been completed. My brother is handling business matters, selling assets (like a car and a truck), and claims he will sell the house. My mother is in assisted living with dementia, and... View More
answered on Feb 27, 2025
If you believe your brother is acting inappropriately, you need to file to be administrator of your father's estate. You also need to file for guardianship over your mother to prevent further abuse of the power of attorney. Once the probate case is filed, you can use discovery to determine if... View More
My loved one is receiving hospice care and is nearing the end of her life. She told the family where her will was stored before she became incoherent. The will is in a sealed envelope.
answered on Dec 29, 2024
Yes, it can be opened. Keep the original in a safe place so that it does not get lost or destroyed. Make a copy of the will just in case. If you need assistance interpreting or understanding any of the provisions in the will, schedule a free consultation. The consultation will also prepare you for... View More
Father dies in 2018 as joint tenant without ros with mother who died in 2024. Nothing has been filed with probate yet. I am the only biological child and have 2 older half brothers (from mom's previous marriages). Do I inherit half of my fathers interest in the home or is it divided between... View More
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answered on Nov 16, 2024
Joint tenant WITHOUT rights of survivorship is tantamount to a tenant in common which means the owners' ownership interests may vary.
Your facts need to be clarified a little more to answer your question comprehensively. For example, was your dad married to someone other than your... View More
the executor. I haven’t been appointed yet and want to resign from this. Too much hassle. Can I do this?
answered on Oct 29, 2024
You cannot be forced to be the executor. Make sure that you turn over the original will to the probate court and let the court know that you are declining the appointment as executor. If your friend's son is already in possession of the original will, let him know that you do not want to be... View More
The?
Property includes a house, 2 rental trailers, and a small shop on five acres. The widow who has a lifetime estate has a son not included in the estate that lives in one of the trailers.
answered on Oct 10, 2024
The new owner, those who are listed as the individuals who take ownership at the time of death of the life tenant, can enter immediately upon the death of the life tenant. These individuals are known as remaindermen in legal terminology. If there is a tenant or occupant of the property that was... View More
answered on Sep 14, 2024
It depends on whether the bequest was given in the will per stirpes or per capita. If per stirpes, the gift flows to the lineal descendants of the beneficiary - children, grand children, great grandchildren, etc. If there are no lineal descendants, the bequest goes to the residuary beneficiary in... View More
answered on Sep 11, 2024
Yes, as of July of 2024, transfer on death deeds are legal and enforceable in the state of Georgia. The transferee does not become an owner of the property until the death of the transferor. The transferee is required to file an affidavit within 9 months of the death of the transferor. If no... View More
answered on Sep 11, 2024
In Georgia, introducing a prenup as evidence to a probated will isn't automatically a contest.
Will contest: Formal challenge to will validity (e.g., lack of capacity, undue influence)
Objection: Less formal concern about specific provisions of a will or administration... View More
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