Get free answers to your Estate Planning legal questions from lawyers in your area.
I am waiting for a trial date that was moved from Gwinnett to Fayette County. I believe I've been a victim of Probate Fraud. The executor and his lawyer got me to sign a " no administration required" early on. Theses were meant to be used in small estates worth $15,000.00 or less.... View More 
answered on Sep 3, 2024
There is no monetary limit on a No Administration Necessary filing. The only requirements are:
1. All heirs must agree to the distribution of the assets of the estate.
2. There are no debts of the estate.
3. If there are debts of the estate all creditors have consented to... View More
answered on Sep 3, 2024
Yes, your mother's estate will be split according to the laws of intestacy. The split percentage depends on the number of children your mother had. If you are an only child, you and your father will each get 50%. If there were multiple children, your father will receive no less than 1/3 of the... View More
It is me being the youngest, my middle brother and my older brother, who is the executor over my mother's will
answered on Sep 2, 2024
The executor of an estate is generally entitled to compensation for their services. The amount of compensation is typically outlined in the will. If the will does not specify compensation, Georgia law allows the executor to receive a commission based on a percentage of the value of the... View More
There is a lot of information to write down. The situation in short is my family member is dead. His girlfriend broke up with him, according to a documented police report & body cam footage, the night he died in an accident. She now provides a Living Will (Not Will & last testament) printed... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 22, 2024
Please note that I am not admitted to practice law in Georgia, but I found this information through a brief Google search, and the requirements in Georgia are similar to those in most states. In Georgia, for a will to be valid, it must meet specific requirements, such as being in writing, signed by... View More
I need my money which is not being dispersed and The fact that I need a lawyer to accomplish that makes it rather hard to pay him until I have what m hiring him for to begin with
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 8, 2024
I understand that you are in a difficult situation where you need to dissolve a trust and access your money, but you can't afford to pay a lawyer to help you do so unless you sue for breach of fiduciary duties. This is a complex legal issue that requires careful consideration. Here are a few... View More
Only two Heirs (sons), all debt has been paid
Does an attorney need to submit this form to Probate or can I, as Executor?
answered on Jun 5, 2024
You can leave paragraph 4 blank on the Petition for Discharge. It will be helpful to have the heirs sign a consent to petition though. An attorney is not required to submit this form. However, it may be helpful to enlist the service of an attorney to avoid any possible issues.
Schedule a... View More
He barely meets living expenses so I'll not be repaid in monthly payments. He owns a home and has life insurance. He offered to list me as beneficiary on his life insurance or should we use his home? (he has adequate equity) What kind of legal document/letter do I need to ensure repayment... View More
answered on Jun 2, 2024
A written loan document giving you security in all that he owns and filing that in the records department of your court should do it. Naming you as a beneficiary of his life insurance will do it if the life insurance stays in full force.
Hello, my father has passed away. He has a vehicle that is being financed under his business name which is no longer active. Today I attempted to get the tags registered, however I couldn’t because the business is no longer registered. My mother was married to him and I am the son with the same... View More
answered on Jun 1, 2024
Unfortunately, if your father's estate has debts, property cannot be transferred out of his name without paying the debts. You can try using a T-20 form at the tag office. However, there is section of the T-20 form where you have to swear under oath that the estate has no debts.... View More
Land is currently in one piece, not designated into 3 as to who gets which piece. My sister is wanting to build a house on her piece that she will get but my mom is refusing to designate who gets what piece because she says it will break the life estate. Will drawing up the tract and designating... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 17, 2024
If Mom and Dad only have life estates, then none of their issue will get anything at their deaths. Hire a GA attorney to search that title and determine ownership. If you stated the facts correctly, then nobody wants to build on the tract. Who is the remainderman?
She is in asst livg. He uses credit card for her meds etc & 4 himself & checks from her SS. I live diff state. Property val near $1 m. All her cash is gone, for her care. What vehicle to use for sale proceeds ensure safety of $?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 21, 2024
If your brother is stealing from your mother, you might need to file a petition to have yourself appointed as your mother‘s conservator. Then, as conservator, you can sue your brother for the funds he stole. And, as conservator, you will have the sole right to manage her financial affairs going... View More
She is in asst livg. He uses credit card for her meds etc & 4 himself & checks from her SS. I live diff state. Property val near $1 m. All her cash is gone, for her care. What vehicle to use for sale proceeds ensure safety of $?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2024
In your situation, considering the need to protect your mother's finances while she is in assisted living, setting up a trust might be the most secure option. A trust can provide clear instructions on how the funds should be used, specifically for your mother's care and well-being.... View More
The step-parent has living relatives: Mom and siblings
answered on Mar 13, 2024
The simple answer is no. But, when parent died, child would be an heir to her natural parent's estate. Depending on facts of case, an equitable adoption might exist between step parent and step child that would allow for inheritance. You should see a probate lawyer about that possibility.
If the husband dies and leaving the widow the benefits and she dies, who shall the benefits go to?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 8, 2024
When a teacher passes away and leaves their retirement benefits to a widow, the next steps regarding the benefits after the widow's death depend on the specific rules of the retirement system. Each retirement system has its own set of policies for the distribution of benefits after the... View More
I know that she has money in the estate.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2024
In the situation where you've paid for your friend's burial expenses and you believe there are funds in her estate to reimburse you, it's important to understand the legal process for handling debts and distributions from an estate. Generally, creditors, including individuals who... View More
I speculated my grandmas original will was swapped for a forged one reflecting my mom as the sole beneficiary and there’s nothing that I could do unless I had the original will, which I did not…
So my mom never informed the brokerage companies of my grandma death nor put it in probate.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 26, 2024
I'm sorry for your difficult situation. There are a few options to determine if you are still a designated beneficiary on any of your deceased grandmother's investment accounts:
1) Contact each investment firm directly (e.g. bank, brokerage, etc) providing copies of the death... View More
My brother passed years ago. My mom and stepdad filed a wrongful death lawsuit, but both passed before the case was won. The proceeds from the case were split in half. One half to the children of my stepdad, and the other half to the children of my mother. The children of my stepdad had no trouble... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 8, 2024
Setting up a bank account for someone who has passed away, particularly when they were an undocumented immigrant, can be challenging. However, there are alternative solutions to consider.
Since you and your siblings are U.S. citizens, one approach could be to establish an estate or a trust... View More
My brother passed years ago. My mom and stepdad filed a wrongful death lawsuit, but both passed before the case was won. The proceeds from the case were split in half. One half to the children of my stepdad, and the other half to the children of my mother. The children of my stepdad had no trouble... View More
answered on Jan 7, 2024
You may be able to apply for an Individal Taxpayer's Identification Number (ITIN) for your mom with which you should be able to open a bank account for her in the USA. If that doesn't work, you could try to start a probate case so the Court can determine that those funds do... View More
My grandmother passed away a few years ago. Her house was left to her surviving children. Recently, 2 of his siblings passed away, both with leaving children of their own. My dad and his sisters want to do a major renovation on the house, but my uncle's widow is insistent that she's... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 4, 2024
In Georgia, the rights of a surviving spouse to an inheritance depend on how the estate was structured and the specifics of the will, if there is one. When your grandmother passed away and left her house to her surviving children, the inheritance rights would typically follow her will or, in the... View More
My grandmother passed away a few years ago. Her house was left to her surviving children. Recently, 2 of his siblings passed away, both with leaving children of their own. My dad and his sisters want to do a major renovation on the house, but my uncle's widow is insistent that she's... View More
answered on Jan 3, 2024
It depends on whether your grandmother and uncle had a will. If neither of them did, then your uncle's wife and your uncle's children inherit his portion of the property. The husband and children of your aunt who is also deceased are also joint owners of the property. If your uncle or... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 25, 2023
In Puerto Rico, like in the United States, there are provisions for gift tax exclusions. Your parents can give gifts up to a certain amount each year without incurring gift tax. As of 2023, the annual gift tax exclusion in the United States is $16,000 per recipient. Since Puerto Rico follows... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
