If you are acting as administrator pursuant to an administration with will annexed, you will need to sign an administrator's deed to the party listed in the will as the beneficiary or beneficiaries of the real estate. If you are acting as administrator because the will is invalid or... View More

Tiffany R. Lunn-White Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 23, 2025

You can move forward with probating the estate and requesting to be the personal representative. At such time, if someone has the Last Will and Testament, they can object. They would then need to produce the Last Will and Testament. From the form of the statements above, it seems you assume that... View More

This will depend on whether you both are listed on the security deed. If you are, then no action should be required with regards to the security deed, as this simply records the mortgage companies interest to the property. In regards to the warranty deed, I assume that if you are not joint... View More

In order to legally transfer the title to the land, you will need to petition his estate to Probate in the county where he lived. Once his estate is approved, you can as the executor to the estate, transfer the title of the land via quitclaim deed.

Probate in this instance may not be necessary, as bank accounts, either jointly owned or with POD status, pass outside of probate, and it is possible to transfer title of vehicles to immediate family members via affidavit. It may be worth working with an attorney on this process nonetheless, but... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 9, 2025

Was the will filed for probate? If not it means nothing. If probated, the executor's duty is to marshal up assets and make sure the devise is executed in possession of the devisee. Executor and/or devisee can file for unlawful detainer and quiet title. Also Devisee can file an ejectment... View More

You will need to file for probate of both of your parents' estates. If your parents had no will, your sibling's children would be heirs who must be notified of the probate proceeding. During probate, you can try to enforce any of the agreements made by your parents. You can also file a... View More

If you believe your brother is acting inappropriately, you need to file to be administrator of your father's estate. You also need to file for guardianship over your mother to prevent further abuse of the power of attorney. Once the probate case is filed, you can use discovery to determine if... View More

If your father was the only individual on the deed, then the home sale must go through probate. The probate process is designed to safeguard heirs such as yourself in this situation, where you can demand accounting, or object to your sister serving as the administrator. I recommend consulting... View More

If your sister was not a joint tenant with right of survivorship with your father, she cannot sell the property unilaterally. If the deed was in your father's name only, the administrator of your father's estate is the only person with authority to sell the property. Your first step in... View More

If your mother named you as a beneficiary of the 401k, the balance of the 401k is not a probate asset, and probate will not be necessary. You will just need to be persistent with Fidelity. If there were no beneficiaries named on the 401k, the 401k is a probate asset, and probate will be necessary.... View More

Yes, it can be opened. Keep the original in a safe place so that it does not get lost or destroyed. Make a copy of the will just in case. If you need assistance interpreting or understanding any of the provisions in the will, schedule a free consultation. The consultation will also prepare you for... View More

Depending on how long ago your mother died, you may be able to file an affidavit that shows you as the only heir which would allow you to manage the property and sell it. If that is not an option, you can file for no administration necessary with the probate court since you are the only heir. Once... View More

Kedra M. Gotel Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2024

Joint tenant WITHOUT rights of survivorship is tantamount to a tenant in common which means the owners' ownership interests may vary.

Your facts need to be clarified a little more to answer your question comprehensively. For example, was your dad married to someone other than your... View More

If the tenancy was intended to be joint tenancy and not tenancy in common, survivorship rights should be automatic. If that is the case, the only thing necessary to vest title in the survivor would be a Affidavit of Survivorship and a copy of the death certificate. A complete review of the deed... View More

It depends on where probate was completed. If probate was completed within the State of Georgia, you will only need an executor's deed to transfer the property. If the probate was completed outside of the State of Georgia, you will need exemplified copies of the letters testamentary and will... View More

Where you live is immaterial. Where the estate is being opened is what matters as that state's laws will govern the administration of the estate. Whether you should consent to granting powers, excusing reporting and not requiring a bond all comes down to trust. Is your brother going to do the... View More

It depends on whether the bequest was given in the will per stirpes or per capita. If per stirpes, the gift flows to the lineal descendants of the beneficiary - children, grand children, great grandchildren, etc. If there are no lineal descendants, the bequest goes to the residuary beneficiary in... View More

Yes, as of July of 2024, transfer on death deeds are legal and enforceable in the state of Georgia. The transferee does not become an owner of the property until the death of the transferor. The transferee is required to file an affidavit within 9 months of the death of the transferor. If no... View More

An objection to a will is known as a caveat. A prenuptial agreement, which is a contract between two parties, may affect the assets that are included in the estate. If there are items in the prenuptial agreement that should not be included in the estate, the rightful owner will need to file a... View More