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Georgia Banking Questions & Answers
1 Answer | Asked in Banking, Civil Litigation and Estate Planning for Georgia on
Q: Can a person who has been the trustee and benfercery of a trust account, bank account and of the will provide proof of i

The safety deposit box contains the will to whom I was only one who can sign it out of trust account auditing to be a problem with finding the Will

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Feb 26, 2018

If you are not a named person on the bank account, then you cannot access the safety deposit box. You will need to get the probate court to grant you authority to open the box to see if a will is present.

1 Answer | Asked in Family Law, Banking and Probate for Georgia on
Q: I need a lawyer that can take a case that will take there money out after I win..the annuity account is worth 110,000
Ellaretha Coleman
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Ellaretha Coleman
answered on Oct 15, 2017

If you are seeking an attorney that will petition the court for an early withdrawal of your annuity, it is possible to handle those cases on a contingency basis where the attorneys fees are paid from the proceeds of the withdrawal.

2 Answers | Asked in Estate Planning, Banking and Probate for Georgia on
Q: Mom lived in GA for one year and opened up a bank account. When she died, it had under $900 in it, bank won't release.

I'm the one (daughter) who set up account + deposited funds, and live in NY. When I went to NY branch (major bank in practically every state) with death certificate, they told me I had to get court documents from Georgia to show I'm next of kin. She died in GA. Death certificate has my... View More

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Jul 25, 2017

If your mother passed away in New Jersey, you will need to proceed under New Jersey law. If Georgia, then Georgia law. Ultimately, if the bank is located only in New Jersey, you will need to follow New Jersey law to get the money from the bank.

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1 Answer | Asked in Banking, Business Formation, Business Law and Employment Law for Georgia on
Q: if i have a small business that is an s-corp how do i pay myself? do i write my self a check or set up a wire transfer?

i know there is a dividend distribution for the s-corp but i just want to get more in depth of how i am going to pay myself , if i should open a business account and write my self a check or set up a wire transfer from my business account?

John W. Chambers Jr
John W. Chambers Jr
answered on May 25, 2017

Generally, with an S corporation, if you are working in the business, you would have to pay yourself a reasonable salary and the balance of profits could be distributed to you as the shareholder. You should consult with a certified public accountant or tax attorney regarding your obligations with... View More

1 Answer | Asked in Estate Planning and Banking for Georgia on
Q: My children's father passed away. We were never married. My question is by law can i access his bank accounts? Fidelity

We had cs case filed and DNA tests. They are his sole surviving children.

John W. Chambers Jr
John W. Chambers Jr
answered on May 10, 2017

If you were not married to the decedent, you would not be an heir and would not be entitled to inherit anything from him under the laws of intestacy in Georgia. If the bank accounts were solely in his name, you would not have any right to access the bank accounts. This response is designed to... View More

2 Answers | Asked in Employment Law, Banking, Business Formation and Business Law for Georgia on
Q: Can a shareholder/co-owner legally hire their spouse (another shareholder) to do payroll?

One of the co-owner/shareholder has his wife working as the accountent and doing payroll? My hours and an employees hours have been changed and done incorrectly. As well as ive been told as a shareholder the other shareholder could fire me as an employee and i wouldnt be allowed to be in shop

Ray Choudhry
Ray Choudhry
answered on May 1, 2017

In small companies shareholders do lots of stuff, including bookkeeping and payroll.

As to the power struggle over the corporation, you need to consult a lawyer who can analyze how it was set up and who has what say so.

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1 Answer | Asked in Banking, Business Law, Civil Litigation and Contracts for Georgia on
Q: If a business partner was spending the business money on himself and not business expenses what can I do

I'm co signed on the account but I see he's spent $1000s on personal items.

Jonathan R. Roth
Jonathan R. Roth
answered on Apr 7, 2017

First change the checking account to 2 signatures. cancel all debit cards. Then confront your partner and work the controversy out. If you cannot resolve it then you need to sue him and dissolve the business.

1 Answer | Asked in Banking and Probate for Georgia on
Q: Is it a law that you have to probate a Power of Attorney in the state of Georgia?
Ben F Meek III
Ben F Meek III
answered on Feb 17, 2017

No. Wills get probated. Powers of Attorney don't get probated. POAs (even durable ones) terminate upon the death of the principal (the person who gave the power). Hope this helps.

2 Answers | Asked in Banking for Georgia on
Q: How can I enforce a bank out of state to pick up a vehicle in which I want to surrender or voluntarily repossess?
Rachel Lea Hunter
Rachel Lea Hunter
answered on May 31, 2013

Why do you want to do this? There is no difference between a voluntary and involuntary repossession. I am not sure why a debtor would want to do this.

If you wish to surrender your vehicle, you could try returning it to a dealer who deals in that make of vehicle or where you bought the...
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