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... Read 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... Read 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... Read 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... Read more »
answered on May 8, 2023
Until the will is filed, there is no executor. If there is no will, the heir of the deceased will need to file for administration of the estate. If you are a tenant, the estate has the same responsibilities as a landlord and cannot wilfully disrupt your utilities. If you were responsible for paying... Read more »
Legal way to transfer land ownership after husband dies without a will in GA.
Mortgage before marriage. Land aquirred during the marriage.
answered on Apr 29, 2023
If the husband died without a will, the wife would need to file for administration of the deceased husband's estate. If there are children from the marriage or if the husband had children from a previous marriage, the wife would share in the inheritance of the land with the children. Any... Read more »
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... Read more »
Enough insurance to cover a burial and a funeral but won't change their minds even though I told them her wishes what do I do to fight it
answered on Apr 23, 2023
If your mother did not leave a will or medical directive stating her final wishes, it would have to be litigated if there was disagreement among the family. You would need to file an injunction to prevent your uncle from completing the cremation and then have the probate court make a final... Read more »
Cosigner has no will, and family does not intend to file probate as he had no assets. Am I able to sell the vehicle with his name still on the title? Or what do I need to do to be able to get his name off the title? Or does the car now belong to me?
answered on Apr 8, 2023
It depends on whether your name is on the title. If so, you can probably take the title and a death certificate to tag office and get the car placed in your name.
If that doesn't work, you can foreclose on the car since deceased person will not be making payments. There is a statutory... Read 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... Read 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... Read more »
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... Read 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... Read more »
answered on Mar 24, 2023
I'm sorry to hear about your situation. If your sister's husband's name is on the title to your mother's house, it is possible that he may have a legal right to the property.
However, it is important to note that just because your sister's husband's name is on... Read more »
How do I or do I legally have to have executor of estate being his spouse and having his grown children verify
answered on Mar 24, 2023
If he did not have a will, then Georgia law provides a specific order of priority for who can serve as the administrator of the estate. Typically, the surviving spouse has the first right to serve as the administrator, followed by any adult children.
To begin the process of being appointed... Read more »
This is in Georgia. I think she had a live in boyfriend
answered on Mar 24, 2023
I'm sorry for your loss. Regarding your question, it may be possible to contest the distribution of property depending on the specific circumstances of your son's estate and the laws of Georgia.
In Georgia, when a person dies without a will (intestate), their property is... Read 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... Read more »
Her father and I don't get along and he's not including me in on her estate, she has no children and never married along with no will
answered on Mar 16, 2023
I'm so sorry to hear about your loss. Losing a child in a car accident can be a traumatic and devastating experience, and I understand your desire to be involved in the situation.
In terms of your legal rights, it depends on the specific circumstances of the case. If your daughter died... Read more »
I'm co-Guardian and conservator for disabled brother with sister who recently died. I want to add younger family member with me now. My brother has moved to New county, same state. Do I file original county where order was issued or new residency county
answered on Mar 14, 2023
In Georgia, you typically file a petition in the county where the ward (your disabled brother) resides. Since your brother has moved to a new county within the state, you should file the subsequent petition in the probate court of the county where your brother currently resides.
According... Read more »
Ward of order has moved from one county to another in Georgia
answered on Mar 13, 2023
If a conservatorship has already been established in one Georgia county and the ward is later moved to another county within the state, it may be necessary to domesticate the conservatorship in the new county.
Under Georgia law, the conservator of a protected person's estate may file a... Read more »
Should my lawyer be fighting the caveat since the family member filing has not been seen or a part of our family for 30 years? They are claiming they have proof that my moms will was done under duress which is false. Can they continue to geting the caveat delayed or postpone until all the heirs... Read more »
answered on Mar 3, 2023
Most wills are upheld against caveats. I'm sure they claim a lot of stuff in their caveat. I always do. A caveat will lead to a trial if the issue is not settled before. No reason this should take longer than a year or so and may be handed much faster. Deciding whether the issue is worth... Read more »
i.e. An adult couple have 2 adult children. 1 spouse/parent dies and the other is incapacitated. Who is likely to get POA and conservatorship of parent? The eldest child was already named primary in a medical directive, and also listed on a STATUTORY FORM POWER OF ATTORNEY on mortgage papers for... Read more »
answered on Mar 2, 2023
The designation in poas creates a preference for the designated. The issue still needs to go before a judge if a guardian and or conservator is to be appointed.
Another question is why do you need the courts involvement if you already have poas. See an elder law attorney in Georgia.
My mom has all timers & dose not remember anything. The house is still in her name.
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answered on Feb 25, 2023
If the house is still in your mother's name and she has Alzheimer's and is unable to manage her affairs, it may be necessary to establish a conservatorship to manage her assets and make decisions on her behalf. A conservatorship is a legal arrangement in which a court appoints a person or... Read more »
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