Sort of, but not really. Once your father died, only the executor or administrator can demand an accounting from you. If you are the executor or administrator, he can demand an accounting of you and you would need to go back in time and account for your conduct as POA.
My folks said they were advised by an attorney not to put my name on the deed and that Georgia law requires a property to go into probate. Basically, if there is a way to avoid probate in the state of Georgia what is the best way to go about it?
In most cases the best way is a revocable living trust, but every situation is unique and sometimes an irrevocable trust makes the most sense or some other technique altogether. Many factors need to be taken into consideration. Your best bet is to consult with an experienced estate planning or... Read more »
Yes, revocable trusts are allowed in Georgia, but they are rarely worth the money spent establishing them,. Occasionally, a client has a unique set of circumstances that makes a revocable trust proper. Make sure you see a very experienced estate planning attorney to assist you.
I have an elderly friend who has full custody of her great grandson. She is wanting to have paperwork stating who the child should be appointed to in case of her death. She wants to appoint a non family member. Is that possible?
How can you not have a say in where the child should go.... Read more »
It's not possible to designate who will take care of a child after a guardian's death. That is not binding. Whoever wants custody at that time will have to file something.
Yes. I am not clear on "medical consultant" but a power of attorney can include provisions to allow the agent to access medical records. It is also recommended that an advance directive for healthcare be completed as this will appoint an agent for healthcare decisions.
My mom's parents owned a home together in GA (w/o rights of survivorship). They had 3 kids (#1, 2, & 3). Kid #1 died in 2001 & has 3 children. My grandma then died in GA in Sept 2003, presumably leaving her half of the home to my grandpa & her children/grandkids.
Kid #2... Read more »
First, get a lawyer to help you through this. By the time to finish with all the issues that will arise, you will find that a lawyer will save you time, and at the end of the day, money. You can only open a probate in the county where the deceased person lived. There are some rare exceptions to... Read more »
Man dies leaving car to his wife who then takes full ownership titling it in her name. Man also puts in will that upon wife's death his son is to have the car. If the car is legally the wife's now, is this even legitimate?? Does the son have a claim?
If the man willed his car to his wife, and she put the car in her name, she is free to do whatever she wishes with the car. She is not required to then pass the car along to the son.
I live in Stockbridge GA and If I sign my interest over to her due to the fact she wishes to move in the house and how much say will I have if things go wrong at a later date? Plus will I be liable for any property taxes and insurance?
If you "sign over" your interest you will not have any liability for future taxes and insurance but, on the other hand, you will have given up a valuable asset. Why not sell your 50% interest to your sister for fair value?
Married five years with 2 kids. I put my wife on the deed of the house...If I pass way does my property get left to my ex wife or my new wife? Also would my ex wife collect my pension? I don’t want the ex to get anything from me. I want everything to go to my current wife
You need to contact an attorney who can write a will for you.
Yes. While it is usually not advisable, it is legal. When there are co-administrators, they both have to be around to sign all documents and checks. You will be hard pressed to find a bank that will allow you to demand two signatures on a check. Also , without proper language in a will, you... Read more »
You would need to consult with an attorney in Alabama or one who is licensed to practice in AL. I believe this question may have been mistakenly posted for GA.
He also made my mom the second trustee so if I die she gets everything. I even put my assets in the trust. It has its own tax Id and everything. The house my viper my 1976 classic bronco and all my money and etc are all in the trust it’s a revocable trust and I have left it open since my father... Read more »
I’m not clear on what the question is here. You may want to revise. It sounds like it would be beneficial to speak with a probate attorney. -Homer P. Jordan IV, Esq. 404-620-1558
I gave her a copy. There are no more beneficiaries. Do I have any exposure. I have a sister and a half sister. They were not listed in the will or the trust. Do I have legal requirements none petitioned his death at the time. And from what I was told were not required to have a copy of the trust.... Read more »
This question is way beyond the scope of a proper answer. The answer depends on the trust language, the will language and any amendments. If you are the sole trustee and are concerned with what happens when you die, a consultation with an estate planning lawyer is appropriate. Something has to... Read more »
I am the oldest of 4 adult kids, and single mom to a teen. I can no longer provide the financial and physical support for my aging mom ( turns 70 in Jan) as I have for the past 14 years. My other 3 siblings have no children, although the next oldest is married. Can I be sued for asking Mom to move... Read more »
You should talk to both a professional care manager and an elder law attorney about options for support caring for your mom. She might be eligible for Medicaid to pay for assisted living or skilled nursing, depending on the level of care needed. Good elder law attorneys either have professional... Read more »
Over 5 years ago my father told my oldest brother and sister that he wanted to leave the house to me since I had been taking care of him for over five years as his caregiver. They fully gave their blessing. Without my knowledge, another very untrustworthy brother that my father purposely left out... Read more »
I cannot tell from your question if your father is still alive or not. If your father is alive, all he needs to do is change his will again to reflect his true wishes. What someone tells you during life is unenforceable when that person dies unless it is in his will. If your father is dead, and if... Read more »
Our child has a UTMA with investments and cash in it. We have never taken money out of it. We didn't realize that we could use it for education, child betterment and school activities. We paid all of these expenses out of pocket for many years and are now in debt because of it.
Under the Georgia UTMA custodian may expend the minor's funds for the support, maintenance, education, and general use and benefit of the minor. However, it would be inappropriate to expend the fund to bail the minor's parents out of debt. The safest course of action would be to use... Read more »
My grandmother was murdered 2 weeks ago I was finally able to bury her yesterday. I have her testament and would like to know what my next steps are. I am here in Puerto Rico now but I live in Atlanta, GA. I need an attorney here who will help me probate this estate, access her accounts and sell my... Read more »
Offering a will for probate and administering the estate when you are not local can be very difficult. We would be happy to assist you with the issues you discussed in your question. There are many good law firms around the Atlanta area, but you want to locate one that specializes in probate... Read more »
I would first like to extend my condolences for your loss. You stated that it was a letter. In Georgia, one of the basic requirements for it to be a valid will is that it must be signed by two (2) witnesses who are not listed. If it is not then it is not "valid".
The answer to this question is it depends. If everyone is alive then you do not necessarily need an attorney and you may be able to simply convey the property with a quitclaim deed. If there is a mortgage on the property, you may want to check the security deed to see if there are penalties... Read more »
The property deed half ownership is still in uncles name,(intestate )50% and split with two nephews. Aunt never transferred in her name, died, who inherits Uncles half?Aunt had a will, but again never change ownership. Help please do l need to probate her 1/3 rights? Or passes to the nephews upon... Read more »
If your aunt died in Georgia, you will need to open an estate in Georgia. You will then need to contact a KY lawyer to help with transferring the KY land. You may have to open your uncle's estate in the county where he died as well.
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.
