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... Read more »
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...Read more »
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
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.
If the will was probated, then it should be in the files of the Probate Court of the County where your grandfather lived when he died. This is a public record, and the Probate Court should provide you with a copy of this for a small charge.
If the estate was never closed, then you can...Read more »
My husband recently passed.His mom is now about to pass away.We’ve a minor child together& I have a minor daughter he raised. Ive 2 living adult stepkids both with children & 1 deceased stepchild who left behind 3 kids ( all minors) & a widow. My husband & I were married over 10... Read more »
I just had a revocable living trust made with me as the trustee & grantor. Next step is the deed. The legal office isn't helping me with the deed. Told me to either do the deed transfer in my name or my successor trustee. To avoid probate in GA, which is better?
Property should be deeded to the current trustee for the revocable trust. Doing this properly (assuming everything else is correct) should avoid the need for probate with respect to the property as the successor trustee will be able to take charge.
A year's support claim can include property tax avoidance for one year. If there are assets that are in decedent's name those can be claimed in a years support. If the surviving spouse already has title to all the assets, then years support will not be of use.
My dad was killed at his job and we won the wrongful death case(meaning my mom sister and myself) rather the total be spilt between the 3 of us. My mom sat back an estate fund after that she split it 3 ways. My dad had no bills house paid for everything in his name was paid in full and clear. So my... Read more »
I’m not sure I understand the question, but if he was killed at work, workers’ comp benefits were paid as was required by law; it doesn’t sound like a case to be “won” necessarily (comp is “no fault) but just paid as the Act says to. Whether he had bills or debt isn’t relevant.
Can I file a motion or petition to stay or halt all proceedings until they rule on the Will? My cousin died 30 days aft mother & inherited her estate. Family members probated a fraudulent will. Judge is allowing administrator to distribute property which could belong to a beneficiary of the... Read more »
If a will has been admitted to probate, and you object, you have two options. If the court is not an expanded jurisdiction court, you can appeal the decision to the superior court in the county where the probate court is located. You must file the appeal within 30 days of the order admitting the...Read more »
I need to get into the home to do inventory and to account for all contents before distributing assets to the heirs. I have a problem with an in-law who still lives in the home and refuses to allow access to any of the heirs to get into the home. Do I file an eviction notice against the in-law as... Read more »
Hire a competent GA attorney now. The house may not be part of the Estate, and if not, the Heirs own it and a Partition Action may be needed, so a Title Search is necessary. With Letters of Administration you have authority to file the eviction action if the house is an Estate Asset, and can...Read more »
In Georgia, a spouse is entitled to no less than 1/3 of an estate with the remainder going to the children. In addition, the spouse can file for year's support and ask for whatever they want. You are not required to sign any papers related to the probate of your mother's estate.
She has sole ownership, and the house has a reverse mortgage. According to HUD the house must be sold. She has about $10,000 in debts. She has an IRA that my brother is the beneficiary. He is transferring it to his name as an inherited IRA. No other assets. I am her daughter and the executor of... Read more »
MY MOM PASSED AWAY IN 2006 IN THE STATE OF GA, WHO HAD NO SURVIVING SPOUSE. I AM ONE OF 4 OF MOTHER’S CHILDREN. BUT MY SISTER PASSED AWAY IN 2017, WHO WAS MARRIED WHEN SHE PASSED. MY MOM HAD NO WILL BUT OWNED A HOME WHICH IS BEING OCCUPIED BY MY SISTER’S HUSBAND SINCE HER DEATH. REAL... Read more »
If you're questioning the validity of the will, it sounds like you're interested in contesting the will. The statute of limitations to contest will depend on the type of probate brought by the executor or interested person. If it's common form probate, then an heir has up to 4 years...Read more »
Under GA Code 53-5-3, a will shall not be offered for probate following the expiration of five years from the latest date on which a petition is filed for: (1) The appointment of a personal representative of the decedent's estate; or (2) An order that no administration is necessary on the...Read more »
a. If a subscribing witness is also a beneficiary under the will, the witness shall be competent; but the testamentary gift to the witness shall be void unless there are at least two other subscribing witnesses to the will who are not beneficiaries under the... Read more »
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