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i bought all the equiptment to care for 22 acres and did all repairs to the house
I was given a letter to list everthing I wanted to take with me. that was because I asked to put my name on the house
answered on Jun 16, 2018
You should not leave the home. You should consult with an experienced family law attorney to weigh your options. It does not matter if your name is on the home, it is a marital home and you should remain unless advised by your attorney otherwise.
answered on Jun 9, 2018
I assume you mean that there is a trust, the home is a trust asset, and the child is a beneficiary of the trust. An attorney would have to review the trust and know what other assets are in the trust to determine the answer to your question. I recommend that you consult an estate planning... View More
answered on Jun 7, 2018
This is a trusts / estates question. Please post in that forum.
My father passed away without a will in the state of Georgia. He had gotten married 5-6 months prior to his death. He has 4 kids. He had some things at his wife’s home, but had two storage units full of family things and items. She has been accessing & going through these storage units and... View More
answered on May 27, 2018
She can access any accounts on which her name appears. Likewise, she can access the units if her name is on the storage unit rental. If it is not, you can send the storage facility a copy of his death certificate and ask them to restrict access until an Administrator is appointed. You and your... View More
Mom paased leaving a hand written notorzied will. The deed is in Mom's name only. IN the will she states that the one child can live in the house if he can pay the property taxes. There are 4 children. It also states that everything belongs to everyone except a few pieces of furniture. 2 of... View More
answered on May 11, 2018
This isn't a family law question. You should post in the estate forum.
answered on May 4, 2018
Talk to a local attorney. I don't know how to help you because I need more information than what you've provided.
Will states devise and bequeath all my property both real and personal, tangible and intangible, wherever located, and of any nature whatsoever, including any lapsed or void legacy or devise to my children. ONLY one beneficiary in life ins policy.
answered on Apr 30, 2018
Generally, if a life insurance policy has a designated beneficiary and the beneficiary survives the insured person, the policy proceeds would be paid to the designated beneficiary. In such event, the proceeds would not be part of the probate estate and not pass under the terms of the will. On the... View More
My dad passed away a week ago. The wife of 4 years, immediately quit talking to me. When I started asking this week for the will, she messaged me back "Don't ever contact me again." I contacted the lawyer & obtained a copy of the will which leaves me and the wife executors of the... View More
answered on Apr 20, 2018
Probate of a Will is different than acting as executor although an executor usually submits the Will to probate and performs the duties required by law. Georgia law provides that persons acting under the color of a POA have a fiduciary duty to the person whom executed the POA. Your situation is... View More
He had not had an opportunity to get the home put into his name as it was in her name only, so does it still become part of his estate as part of his inheritance since he passed 4 months AFTER she did?
answered on Apr 7, 2018
You state that your stepmother died intestate (i.e., without a will). You further indicate that your father survived her and was her sole heir. (This would mean that your stepmother did not have any descendants who survived her.) Assuming this to be the case, then your father would inherit her... View More
My brother is refusing to move out what can I do
answered on Apr 5, 2018
You do not mention where your father was domiciled at the time of his death. Also, you do not state whether you have received letters testamentary from the probate court of the county in which he was domiciled. In any event, if your father owned property in Florida and you want to have your... View More
My father's wife of 4 years took him to see a lawyer last week & had a Will done which included her 2 children (whom I have never met) and her children's spouses. My sister & I are also included per the wife though I have not received a copy of the Will as promised. Problem: My... View More
answered on Mar 27, 2018
Talk to a local attorney about your options. There probably is nothing you can do until your father passes and the will is offered for probate. The will should not affect any life insurance policies that exist.
My husband was willed this mothers home. The POA decided to sell the home (so the money could be used to take care of the owner) and the owner passed less than two months later. Who should received the money from the selling of the home? The owner passed away in SC, but the property is in GA.
answered on Mar 26, 2018
If the power of attorney was properly using the POA, then the money derived from the sale of the home will pass in accordance with the Will or the laws of intestacy. The money does not flow to the person who was left the home in the will.
Can she obtain anything from the courts to show she is currently the next of kin and has rights to her daughters belongings? Daughter has always lived with her mother until death. Her daughter had no kids and was never married.
answered on Mar 24, 2018
Most states have small estate affidavits or affidavits of heirship (they go by different names in different places) by which an heir can swear to certain facts, including whom the decedent’s heirs are. Persons holding property or funds of the decedent are entitled to rely on such affidavits and... View More
answered on Mar 17, 2018
Generally it means that the executor has been given broad powers to settle the estate. Included in these Powers is an ability to sell property without consent of the Court, borrow money for the estate as necessary, and other things along these lines.
If I let go the storage unit and let them put in auction, can his only son sue me for the items in his storage unit? His son didn't want to have anything to do with his father's personal belongings in that storage unit but his son also refuses to sign the letter of testamentary in order... View More
answered on Mar 14, 2018
If you haven't been named the administrator/executor of the estate then you have no obligation to the estate. That said, you can probate the estate even if the son won't sign. You just need to get him served with the papers by sheriff or private process server. I'd encourage you... View More
The only thing her name was on with him was their home which he will continue to live in.
answered on Mar 12, 2018
In Georgia, you are only responsible for debts you incur. Your father will not be responsible for debts of his wife unless he signed making himself obligated for them.
The children are from a prior marriage. The children are grown. There is no will. She lived in Georgia. She remarried about 8 or so years ago. The new husband says that us taking the possessions from prior to their marriage is stealing. I'm not completely positive, but I thought I read that if... View More
answered on Mar 6, 2018
Once gifts are given and accepted, the giver retains no fight in the property. The recipient's will dictates how her property passes at her death. Without a will, the spouse of the deceased shares the estate with the decedent's children. Personal property is treated like all other... View More
My grandfather is the executor of my great grandmother's will. I was to receive my trust when I was 25 I am now 26 and still do not have what was willed to me. I have access to a copy of the will. He lives in another state and i am unsure how to proceed.
answered on Mar 6, 2018
Generally, I would expect the state where your great grandmother executed the trust to be the home state. You probably need to locate an attorney in that state to help you. If you prefer not to do that, you should consult with an attorney and make sure your reading of the will/trust is accurate.... View More
This is a quote from a inter vivos trust deed. Would “irrevocably appointed” indicate that the trust is a irrevocable or revocable trust?
answered on Mar 4, 2018
There is not enough information to answer your question.
The papers were dealing with his fathers death that occurred Oct 31, 2017. What should be done on my husbands behalf in order to see what the papers where.
answered on Feb 27, 2018
Contact the attorney and ask him to forward them to you. He may or may not. Sounds like probate docs.
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