If you are going to challenge the legitimacy of a will, you should consider hiring an attorney as many of the arguments involve technical legal issues. Below is a non-exhaustive list of possible challenges to the will.

1) The will was not signed, witnessed, or notarized properly;

2)... View More

If the will is probated in solemn form, the heirs have 30 days to contest it. If the will is probated in common form, the heirs have 4 years to contest it. If probate has not been filed, then the time for contesting a will has not started and is extended until probate is filed.

It depends on the language contained in the order appointing you as administrator or executor. If the order relieves you of the duty of providing inventories and accounting for the funds, you can distribute the funds and request that the court close the case. If you have not been relieved of the... View More

A Georgia attorney could advise best, but your question remains open for three weeks. It looks like this question got overlooked under the general "Uncategorized" heading. Some questions on this forum don't receive responses, but you could try reposting under "Probate" and... View More

T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 14, 2023

Yes, the sentence is correctly worded. It states that the decedent was not married at the time of death and had one child, specifying the child's name and date of birth.

The check should have been made out to your trust. If it was not, you need to contact the insurance company to have the check reissued. If you need more information, schedule a free consultation.

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 30, 2023

No. One determines heirship ownership of real property. The other is fast, easy Probate proceedings for small estates.

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answered on Jun 29, 2023

If the deceased has no debts, the executor's main tasks would typically involve gathering and distributing the assets to the beneficiaries according to the will or intestate succession laws, paying any final expenses, and filing the necessary paperwork with the probate court to close the estate.

You will need to look specifically in the probate records which may only be viewable in person at the Probate Court Clerk's office to determine if there was language in the order that required the furniture to be picked up within a certain amount of time. Generally, the inheritance is... View More

A life insurance policy with no beneficiary becomes an asset of the estate. The estate passes according to the terms of the will unless someone successfully challenges the validity of the will. The larger the life insurance policy, the larger the incentive to challenge the will by disinherited... View More

If the decedent left a surviving spouse or minor children, they may have claims for a year's support, meaning they may be entitled to assets even if they are not specifically named as beneficiaries in the will. If there is no surviving spouse or minor children, then the designated... View More

Usually, a surviving spouse and any surviving minor children have certain rights whether they are named in the will as an heir or beneficiary or not. The public policy behind this is that they should not become dependent upon the State because the decedent hasn't provided adequately for their... View More

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

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

The real estate closing attorney will record the power of attorney for you. They will also verify your identity and the enforceability of the power of attorney. You will not need to be present at the time of recording or at the time of closing.

This is a complex issue. Get a Georgia Guardianship/conservatorship attorney. The money you save will be your own.