Get free answers to your Estate Planning legal questions from lawyers in your area.
Dad says that I am required to sign a form to give him permission to a sell the house. What are my rights currently? What rights am I signing away? The items in the house are sentimental, am I allowed to keep any of those items as keepsake?
answered on May 17, 2023
Georgia law provides that a spouse and children share equally in the estate. If you are the only child, you are entitled to one half of the estate.
Your father had a right to file for year's support which could result in him receiving all property.
You should consult with a... View More 
I requested an accounting of my aunts estate from exec. I got a vague list of transactions and no inventory of the estate. Executor failed to provide inventory or estate value. Executor diverted estate funds to offshore acct in Canada Also withdrew estate funds 300k for 7 days stating that bank... View More
answered on May 14, 2023
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
Clerk told me since I have his Will and I'm named as Executor that I have to file for full Probate Administration. I have researched TCA 30-4-103, and in my opinion, a Small Estate should suffice. I am a lawyer, but not licensed. I have an appointment with Chancery Court to file next Monday... 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
We want additional terms for inheritance for kids. Also how to make everything legal and pay any taxes.
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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
answered on May 6, 2023
An elder attorney can help you. The first question I would ask is what are you trying to accomplish with a power of attorney?
My husband's cousin died by suicide. She lived in Atlanta,, GA. Her beneficiaries on her life insurance policy were her mom and his mom. Both are deceased. Her mom died a little over a year ago. Does my husband have any claim to the policy because he's his mother heir? Thank you.
answered on Apr 28, 2023
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
Deed was signed against my desire. Brother and I are remaindermen. we have 3 other siblings. so i want to divide the remainder 5 ways, not 2.but first use for mothers care. Next, we will have to sort thru tax consequences.
answered on Apr 12, 2023
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
answered on Apr 3, 2023
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
answered on Apr 2, 2023
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
Both of my parents passed away last year. They had no will. My youngest brother is the administrator over there estate. And there is also a probate lawyer over my parents estate. I have been treated ugly through this whole process so far. I have not be able to go to my parents when I have wanted to... View More
answered on Mar 31, 2023
If it has been more than 6 months since your brother took charge, you can ask for an accountant for the estate. If one is not provided or is insufficient, you can petition the probate court to remove your brother for breach of fiduciary duty. See a probate attorney for assistance.
Both of my parents passed away last yr and they had no will. My youngest brother was appointed the administrator over there estate. I’m the oldest of 3 kids. My youngest brother will not communicate with me I have no idea about anything that is going on. There is a estate lawyer over my parents... View More
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answered on Mar 30, 2023
Probate court files are public records. You can walk into the court and ask to look at the file and make copies. Or you can hire a lawyer to review the file for you and give you advice about things you can do to obtain information.
My nephew’s biological father passed away recently. His name was never on the birth certificate. My nephew was adopted by his stepfather at about the age of three. Does my nephew have any legal rights to any of his biological father’s estate. Also, is he responsible for any financial... View More
answered on Mar 24, 2023
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
Of any life insurance, will, etc. she has forbidden my son any contact with her and didn't include his opinion on funeral planning. My son is 31, does he have rights to anything.
answered on Mar 24, 2023
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
answered on Mar 10, 2023
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
He refuses to communicate with me does he have to by law as executor of our mother's estate. There are 4 of us . I ask questions so he refuses to send me emails on whats going on.
answered on Feb 24, 2023
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
My mother and father had multiple joint Banking accounts. My father for some reason kept this one personal checking account as him being the only owner. He developed dementia in his last years of life and tardive dyskinesia secondary to the side effects of a neuroleptic drug (Zyprexia).
My... View More
answered on Feb 21, 2023
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.
This is property that I inherited with 2 siblings back in 2016 after my parents death. I paid off the mortgage in full and did 30k of exterior renovations. We are currently in the process of selling the property and I would like to get back 2/3 of the mortgage and renovations off the sale of the... View More
answered on Jan 28, 2023
If you and your siblings cannot agree regarding the reimbursement, this will be a question that must be presented to the probate court. You would present your case as a subsequent creditor of the estate for estate debts incurred and seek reimbursement. The documentation you have will be helpful in... View More
I have a judgement for income withholding order for any of his employers against my Ex for child support and spousal support which is not paid since 2020.
So he setup a company with his wife as registered agent and owner of the company. His wife is his employer who receives all his salary.... View More
answered on Jan 20, 2023
Sounds complicated. See and likely pay an estate attorney. The money you save will be your own.
She died 5 years ago. They had a mediation and one brother bought out the other lawyer. Now they want to take the house the car and everything. And the one that lived with her is is disabled. They said in mediation that he agreed to everything but he did not. What can we do
answered on Jan 20, 2023
See an estate lawyer in Georgia for help. Presumably, a court has appointed an executor. If you have a problem with how an executor is handling an estate, the usual first step is to demand an accounting of the estate.
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