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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
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.
My mom lived in Michigan and has passed. She purchased a hm in Ga. a few years before she died. I have a younger sister who took over everything and she kept giving us bits of money from my moms insurance policy. Another sister and I have been trying to find out what happened to my moms house in... View More 
answered on Feb 25, 2018
Talk to an attorney about representation in this matter.
Should this have been approved by court. Also feel she wasnt honest with assets inventory and is hiding assets.
answered on Feb 21, 2018
It happens. Is it legal? Maybe. You can file petition with court asking executor to prove it is necessary and good investment.
The car I chose is paid in full. Siblings are telling me that in order for me to have the car I must pay the value of the car to my two siblings from the inheritance money I will receive. Example - Car is valued at $16,000 and they advised that our attorney said I must take $16,000 from my final... View More
answered on Feb 20, 2018
For an attorney to be able to advise you properly, he or she would have to review the provisions of your father's Will and might need additional information. You should consult with a probate attorney.
Do kids have any rights to pension?
answered on Feb 20, 2018
No. If she is the named beneficiary, she is the one that receives the benefits.
My son died 3 yrs ago, left me as beneficiary to leave his older brother his house to make pymts.The Finance Co.REFUSES to Acknowledges ...my Older Son(that house was left to) nor Myself to Even Discuss this? What do You Suggest??
answered on Feb 19, 2018
Who owns the house and who is responsible for payments on the house maybe two different people. When your son passed away, I assume he had a will. That will left his house to you for his brother it seems. I assume you have probated his will and the executor has retitled the home into your name or... View More
We purchased in his name only bc we currently have a flood damaged home in my name only (I owned it at the time of our marriage), pending storm water litigation. We could not purchase with both names bc of my responsibility with flood home mortgage, income to debt ratio issue. We have two children... View More
answered on Feb 12, 2018
Under Georgia law, if a person owns real estate in his own name and he dies without a will, the property would pass to his wife and his children. You should seek the advise of an estate planning attorney.
My fathers brother has $20000 in debt, is in the middle of bankruptcy, has one judgement against him, a lein on property, a broken down trailer on 6 acres worth $30000. No valid life insurance. He had two surgeries right before death, bills are not in for that. No one wants to be administer of his... View More
answered on Feb 9, 2018
Nothing. It doesn't sound like the estate is worth probating. The bankruptcy should be dismissed and the lien holder will likely foreclose on the land. There is nothing for your family to do.
Dad owned an IRA and named myself and 3 sons as beneficiaries. His will has been probated and the court named me as his executor. I want to access the IRA to pay his debts, but his accountant said that the IRA had to be divided to each heir instead. Is that true? The accountant advised that each... View More
answered on Feb 8, 2018
It sounds like you're trying to do this without an attorney. If the ONLY asset was the IRA, and there were no assets under the jurisdiction of probate, why did you file?
You don't have to pay debts if there are no assets. You need to seek the advice of a local attorney to review... View More
My grandmother passed in 2012 leaving two daughters (my mother and aunt) to share both real and personal property according to her will. My mother was the named executor of her estate. My mother passed away in August, 13, 2013 before administration was complete. My aunt petitioned to probate will... View More
answered on Feb 6, 2018
You state that there was a will. However, you also mention that there was a "no administration necessary" proceeding. As stated in Georgia Probate & Administration, "[g]enerally, an application for no administration necessary is appropriate if (1) a person dies without a will;... View More
answered on Feb 6, 2018
Paying property taxes alone is probably not sufficient to transfer title to the property. I recommend speaking with a local estate planning attorney.
House and she can't sell the home that it goes to my stepbrother and I.This is in the state of Georgia but she is allowed to live in it until her death and she was told she can't challenge the will
answered on Feb 1, 2018
And your question is?
It sounds as if she were given a 'life estate' to the dwelling, but the remainder interest went to you and your sibling? This is not THAT uncommon. If you don't understand the nature of the ownership interests, I would suggest you consult with a local... View More
Getting ready to close the sell. She will not forward any paperwork and is saying word of mouth and the bank is closing. Nor will she give me the user name and password for the estate cking account. My father did not have a will..we trusted her. Hindsight. Come to find out tonight looking up... View More
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answered on Jan 31, 2018
This isn't a family law question. You need to contact a probate attorney.
answered on Jan 30, 2018
If the decedent was a resident of Florida and if the property were located in Florida, I would recommend that you consult with a Florida probate attorney.
Georgia home, no mortgage, want to alleviate my financial burdens,know my son wants to buy the house just can't qualify for it yet.
answered on Jan 28, 2018
You have suggested two different things in your. The first is that you want to son to have your house and you want to make sure you will not be asked to leave.This is accomplished by signing a quit claim deed giving your house to your son. Then, enter into a contract with your son for you to have... View More
answered on Jan 28, 2018
O.C.G.A. Section 53-4-66 provides: "Except as provided in Code Section 53-4-67, a specific testamentary gift is adeemed or destroyed, wholly or in part, when the testator for any reason does not own the subject of such gift at death." Assuming that the property was given to someone else... View More
Am I entitled to his share of his mother's estate?
answered on Jan 24, 2018
The answer depends on several factors. You have used the term "administrator," which would indicate that your grandmother died without a will. You do not indicate who the heirs of your grandmother's estate are. If your father is one of the heirs, then his share of his... View More
There is two living siblings and 10 deceased siblings.
answered on Jan 18, 2018
At this point, it might not be necessary to have a probate proceeding for either estate. It might be possible to address the title issues by use of an "affidavit of descent." However, with 10 deceased children, preparation of such an affidavit could be quite complicated. You should... View More
Son has founded elder abuse allegation but was never
Charged or tried but was removed as a conservator for cause
answered on Jan 17, 2018
The will has to be probated regardless. Just because that person is the nominated executor, doesn't mean the court will appoint that person. It is ultimately the court's decision. Contact an attorney about probaring this estate.
I probated his will in GA and thought I was through, but when I went to FL to inquire about transferring the property to my name (everything was left to me in his will), they said I needed to probate the will in FL. GA said since he was a GA resident I didn't have to. He and I bought a house... View More
answered on Jan 17, 2018
If your father owned nothing in Georgia, even though he lived here, you do not need to probate the will in GA. You will need to probate the will in Florida. The distinction is primary probate versus ancillary probate. Since you probated his will in Georgia, you already have primary probate... View More
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