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His will is very simple and he doesn't have many assets. He names me and my three siblings as beneficiary in the will. Do I need to petition to probate the will? If so which form should I use, common or solemn? How expensive is it to have help from a lawyer?
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answered on Jan 15, 2018
Post your question in the estate planning section. Family law is divorce, custody, etc.
I have paid on time and have sent in paperwork to "update" the name on the loan. The loan servicer tells me I cannot change the name on the loan from my dad to me unless I refinance the house. (I owe less than $20,000). Recently, my homeowners insurance agent told me he cannot renew my... View More 
answered on Jan 6, 2018
Your problem is common. the house did not transfer into your name when your father died. If you and your father owned the property as joint tenants with right of survivorship, you became the owner when your father died. If you owned the house jointly with your father, but not with rights of... View More
answered on Dec 30, 2017
I can't tell from your question how your grandmother left her home to three children. Was there a will? Did the will leave the home to the three children? Did your mother live longer than her mother? Exact answers to these questions determine the outcome/
.
If there is a... View More
she had $100.000 in her savings acct when she passed away and also has money invested in gold and silver
answered on Dec 29, 2017
If your mother died without a will, property in her probate estate would pass to her heirs. Her heirs would be her husband and her children who survived her (with the descendants of a child who predeceased her to receive the share of the deceased child). The surviving spouse is entitled to a... View More
answered on Dec 18, 2017
Telling them 'it was a gift from a friend' sounds like the start of an explanation. The friend will probably also need to provide the lender a 'gift' letter. And if the gift was large enough to exceed the annual exclusion amount, your friend will probably also need to file a... View More
The father hasn't had a relationship with our son and doesn't want to (and is a convicted felon for a sex crime). I live with my sister and niece and that's all the family my son really knows and loves so much.
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answered on Dec 3, 2017
Children can not be willed to another person, nor can you terminate the father's rights. If you pass away, your sister will have to apply for guardianship. The father has the right to ask for custody if he chooses. Your sister would have to prove he is unfit in order to win custody over the... View More
Also he had a twenty year girlfriend who he absolutely held out as nothing more than just that. Would she have any claims given she lived with him, under those circumstances ? What would be the proper sequence of actions to take given these issues?
answered on Dec 2, 2017
I assume from your question that the grandfather died without a will. If so, then his estate will pass to his spouse and his children. Without a will, the grandchild will not inherit anything unless the grandchild's parent has passed away and the grandchild inherits whatever his parent would... View More
If the deed states survivorship does her name have to be removed in order to sell the property. Or is it the remaining members have rights to make decision on behave of the deed. If it states Survivorship does it still have to go through probate court.
answered on Nov 17, 2017
In Georgia, if property is owned by more than one owner as joint tenants with right of survivorship, upon the death of an owner, the property would be owned by the other owners. On the other hand, if property is owned by more than one owner as tenants in common, the interest of a deceased owner... View More
Can the checks be deposited in his accounts ?
answered on Nov 7, 2017
An heir (i.e., a person who is an heir of the decedent under Georgia) may file a petition for letters of administration. All other heirs must be served with notice of the petition if they do not consent to it. If an heir objects to the petition, then the probate court would choose the... View More
answered on Oct 27, 2017
If it is a wrongful death claim (I don't know from the facts you give) then your father's spouse will bring the claim, but she must divide the money with all the children. If it is a personal injury claim, then the money goes into your Dad's estate for distribution in accordance with... View More
The insurance claim is resulting from injuries that caused his death. We were told by the company that we had to include the siblings in the estate. So we have his current wife, my sister and I, and his 7 siblings included. Does this money get divided evenly?
answered on Oct 26, 2017
If life insurance proceeds are payable to the estate and become property of the estate, what happens to those proceeds depends on several factors. Property of an estate generally must be used to pay expenses of administration and debts of the decedent. After obligations of the estate are... View More
My grandfather remarried in 2004 and and in 2016 his wife passed away. Ironically he gave his kids and grandkids a 14000 tax free gift after she passed away. Ironically from 2004-2016 he never gave us a gift and I believe his 2nd wife talked him out of giving it to us. Would I as one of the... View More
answered on Oct 21, 2017
No one is entitled to a gift. Regardless of the reason your grandfather elected not to make gifts you you, you have no recourse against anyone.
Leaves his daughter my stepdaughter as the executor of the will and power of attorney. He was the only source of our income for the last 18 years. It's sad anytime that the children if needed To sell they can. He was angry with me at the time he wrote it. Do I have Any rights Or can she sell... View More
answered on Oct 12, 2017
I recommend that you immediately retain the services of a probate attorney to obtain legal advice about this matter. A probate attorney can advise you of your rights after reviewing the pertinent documents and facts related to your particular situation. In Georgia, a surviving spouse may be... View More
answered on Oct 1, 2017
If the father has not legitimized he does not have rights to custody or visitation of your son regardless of whether he has his name.
Tried to sell property and could not complete closing because closing attorney stated they had to make check out to the estate of my mother and the estate of my father as one check.The bank will not accept check in both names. Closing attorney states title company refuses to cut 2 separate checks:... View More
answered on Sep 25, 2017
Assuming I understand you correctly, you are the administrator for each of the estates, and have opened an estate bank account for each estate. I assume that each of your parents owned an undivided interest in the property as a tenant in common. I would think that if you endorsed the check as... View More
There is real estate involved with 2 living daughters. The daughter claim that the will( in their possession) does not have to be registered in probate court.
answered on Sep 21, 2017
Georgia law provides that a person holding the will of a deceased person must file the will with the probate court in the county in which the decedent resided. If there is property in the estate to be administered (e.g., real estate), the person named as executor will have to file a petition to... View More
I would like to know if distribution of the funds are contingent on satisfaction of the loan. A petition to probate has been filed and the credit union can procure funds from my the sale of my mom's non exempt assets. Can I demand that they distribute the pod funds in a check and simply... View More
answered on Sep 13, 2017
It all depends entirely on the wording of the loan agreement. While the loan us an estate obligation, if your mother secured the loan with her accounts at the credit union, then it might be that the account is pledged as security for the loan. You might be able to demand repayment from estate if... View More
answered on Sep 7, 2017
O.C.G.A. Sec. 53-5-5 provides: "A person having possession of a will shall file it with reasonable promptness with the probate court of the county having jurisdiction. The probate court may attach for contempt and may fine and imprison a person withholding a will until the will is... View More
My children, my husband & I lived with my mother & step dad for 4 yrs so I could take care of her. While we lived there, my mother gave me full control of her finances by adding me to her checking account & had me manage all the bills, money, & food for the 6 of us (step dad not... View More
answered on Sep 2, 2017
Let me edit your question in one regard: "I cant afford an attorney" -- no you can't afford to NOT have an attorney. There are things you may be able to do, but without exploring the facts more fully it is impossible to say. The ONLY way to know is to get an attorney, preferably when... View More
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