Whether it is worthwhile to pursue depends on the size of the estate. If it is a multi-million dollar estate, it is probably worthwhile to consult a probate litigator in or near the county where your father's estate was probated.

A key piece evidence is that 2004 will that your... View More

You need an attorney to review the trust to clear up the below assumptions. If the trust was a revocable trust with your father as a lifetime beneficiary, the trust is responsible for all debts of your father. The trust does not act as an asset protection device. If the trust was not created by... View More

Estranged? I assume you are still married? Was a divorce or legal separation pending? The answers to these questions s determine your rights.

Assuming you are married and no pending legal action, you are entitled to petition the probate court to open an estate. You are entitled to one-third... View More

It depends on the specific language contained in the will. If your grandfather's will states that his children receive the inheritance per stirpes, then the children of your mother would receive her share in equal parts. If the language in your grandfather's will states that his children... View More

It depends on how the Will is written and whether your mother died before your grandfather. If your mother outlived your grandfather and the will is a standard will leaving everything to the four children, then your mother's will dictates who inherits her share. If your mother did not have a... View More

First, check to see if the deed was held as joint tenants with right of survivorship. If it was, the property passes to you outside of probate. You will need to file an affidavit showing that your husband has passed away and title to the property vests in you. If the deed was not joint tenancy with... View More

Those waivers only relieve the administrator from filing the specific reports and bonds. It does not mean that creditors can be ignored if the creditors claim is timely filed or if the administrator had notice of the debt of the deceased person. If the administrator fails to pay a claim or known... View More

You will need to file a formal Petition for Inventory and Accounting. If you are dissatisfied with what is produced, you can challenge the accuracy of the inventory and accounting provided in the pending probate case. You can also request that a new executor be appointed if there is evidence that... View More

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answered on May 11, 2023

Small Estate Affidavits are for $50K or less of personal property. If no assets, why file Probate, especially in Knox County? If any other County has jurisdiction, go there if the Estate must be Probated. With Knox County, you will not want to Probate unless it is necessary. And if the... View More

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answered on May 9, 2023

That will be a Future Interests Deed, which requires a very competent GA attorney to draft an enforceable conveyance. It could also be accomplished through a Trust with Future Interest terms. It will be important to declare who will take the property if the conditions are breached. You will... View More

If the cousin's mother and your husband's mother both died prior to the cousin's death, then the insurance would pass to the cousin's estate either by will or to her heirs if she had no will. If the cousin's mom or your husband's mom were alive at the time of the... View More

Yes, you can sell the property, but she will have to join in the signing as her life estate as well as your remainder interests have to be transferred to the purchaser. If she is mentally unable to sign, then hopefully someone has a durable financial power of attorney for her so they can sign on... View More

If your issue is the bank accounts of the decedent, then let the relevant banks know the decedent has died. Do this in writing as well as in person or on the phone. This should freeze these accounts. If you need to get someone accountable for managing the estate, probate the estate yourself, seek... View More

It is possible. Every attorney charges different fees. Some collect fees before beginning work. Others collect at the end. Some charge contingency fees. Others bill hourly and dome charge a flat fee.

It will depend on the size and liquidity of an estate. For instance, if the estate is s... View More

In Georgia, adoption generally terminates the legal relationship between a child and their biological parents, including any rights to an inheritance from the biological parents' estates.

This means that if your nephew was legally adopted by his stepfather, he likely would not be... View More

I'm sorry to hear about your situation. In order to determine your son's rights in this situation, it would be best to consult with an attorney who is knowledgeable about probate law and estate planning in the state of Georgia.

Generally speaking, if your ex-husband had a valid... View More

The laws concerning inheritance and whether you are an heir are very confusing. Legitimation is not required by law, but you have to be able to prove you are a child of the deceased, either through DNA testing or some other accepted means of proving your heirship. If you have already had a trial... View More

Unfortunately, it all depends on what the Will says do and how much discretionary authority the Will gives him. Without reading the will, I cannot answer the question. However, you have the ability to file a Petition for Settlement of Accounts after he has been in charge for 6 months. This will... View More

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answered on Mar 2, 2023

The bank may be held liable for allowing your mother to write checks on your father's personal checking account without proper authority, such as power of attorney or joint ownership. However, liability would depend on the specific facts of the case and applicable state law. It may be worth... View More

Will names your sister as "guardian." Perhaps you mean executor? I think I would be more worried about what is in your father and mother's estate and how to get your fair share of this, rather than weather or not you can sue a bank.

See or call a Georgia Estate attorney.