Generally, if a check is payable to a deceased person, a person would have to be appointed as personal representative of his estate by the probate court. If the decedent had a will, the executor would have to petition the court to probate the will. If the decedent died without a will, someone... View More

William C. Head Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 13, 2017

You are being asked to give up your legal rights, to your parents. If you sign the papers, that will be the final ruling, most likely. Because I cannot judge WHAT IS BEST FOR THESE CHILDREN, there is no way to give more of an answer. But, that issue should be your guiding light, not what you want.... View More

Generally, under Georgia law, the estate would be liable for the obligations of the deceased party to the contract (unless the contract provided otherwise). I do not know whether Alabama law is the same on this issue, although I suspect that it is. I recommend that the person who would be the... View More

Without reviewing the document you have received, it is not possible to answer your question. You describe the document as a power of attorney. However, you more likely would have received a document requesting you to consent to the appointment of an executor if your uncle had a will, or consent... View More

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.

I am not providing advice about your particular situation. However, here is some general information. There are certain rules required for a person to make a valid renunciation and disclaimer of an interest he or she would inherit from an estate. Generally, if there is a valid disclaimer (i.e.,... View More

This is not the law. In cases where an heir can't be located, her money is held until she shows up. Your money should be distributed to you.

There have to be dependents for there to be any real money after a death, and the death has to be causally related to the workplace injury. Also, a settlement is never guaranteed in a workers' comp case; lots of cases never settle.

Ask your lawyer about preparing disclaimers of property interests or some other state-appropriate form of waiver/consent for your siblings (or all of the heirs) to sign, waiving their rights to receive distributions of the estate. As a practical matter, if none of them is going to object to your... View More

In Georgia, if a power of attorney was signed by the principal and witnessed by only a notary public and not a second witness, it would not be valid for a real estate transaction.

What exactly is your question? If dad goes first, mom would either inherit everything under his will or if things are owned jointly, there may be no need for probate at all and Mom would just own everything outright. When she goes, if she has no will and can't make one (as seems to be the... View More

The answer depends on whether the property was owned by the co-owners as joint tenants with right of survivorship or as tenants in common. Whether it was owned by the co-owners as joint tenants with right of survivorship or as tenants in common depends on the language in the deed. I recommend... View More

You indicate that you aunt (i.e., the older sister) added the names of her and her husband to the property. If by this, you mean that your aunt who owned the property executed a deed creating a joint tenancy with survivorship with her, her older sister, and the older sister's husband, then on... View More

You need to consult with a local probate attorney. There are reasons to probate, and reasons why you might NOT want to spend the money to probate, but it is very fact specific and you need real legal advice not something from a Q&A forum.

This SHOULD have been determined 9 years ago,... View More

Regina Irene Edwards Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 12, 2017

You need to contact a probate attorney in Kentucky

Generally, a certificate of deposit, whether in a pay on death account or not, would be considered the property of the owner of the certificate of deposit. I recommend that you consult with a Medicaid planning attorney to advise you regarding the effect of ownership of the certificate of deposit... View More

You would need to have the property transferred to you for you to be able to claim the homestead exemption. The security deed may prohibit a transfer of the property without the lender's approval. You should consult with an attorney before undertaking to have the property transferred to you,... View More

Whoever has been appointed as guardian of the incapacitated person needs to respond. Depending on the nature of the subpoena it MAY be appropriate for the 'incapacitated' person to be deposed. For example, if he/she were the victim of a crime, or eyewitness of a crime, it is VERY... View More

I have never heard of a guarantee on a house deed. I might believe that the wife guaranteed the debt on the house. If the need says that your father is the GRANTEE, then he is the only owner. If the wife is also listed as a GRANTEE along with yoru father, but no words of survivorship exist, then... View More

Whenever someone dies owning property in their name exclusively, an estate needs to be established in order to transfer the assets to the heirs. In your case, your father died intestate (without a will). That means that his wife is entitled to 1/3 of his estate and the children share the... View More