Get free answers to your Probate legal questions from lawyers in your area.
Only two Heirs (sons), all debt has been paid
Does an attorney need to submit this form to Probate or can I, as Executor?
![James Clifton James Clifton](http://justatic.com/profile-images/1669226-1669840017-sl.jpeg)
answered on Jun 5, 2024
You can leave paragraph 4 blank on the Petition for Discharge. It will be helpful to have the heirs sign a consent to petition though. An attorney is not required to submit this form. However, it may be helpful to enlist the service of an attorney to avoid any possible issues.
Schedule a... View More
respective heirs, successors,and assigns were the context requires or permits . my dads gone and so is my step mom as one of his heirs can I just move into his house its not being lived in
![James Clifton James Clifton](http://justatic.com/profile-images/1669226-1669840017-sl.jpeg)
answered on May 13, 2024
It depends on a few factors. If the deed was held as joint tenants with right of survivorship, then your step sister is the current owner of the property. If the deed was held as tenants in common, then whether you inherited your father's portion would depend on whether he left a will and... View More
His medical records as his mother. That’s all I need, all he has. Is this necessary and how hard is it
![James Clifton James Clifton](http://justatic.com/profile-images/1669226-1669840017-sl.jpeg)
answered on May 2, 2024
First, I am sorry to hear about your loss. As his mother, you may qualify as an heir who can file probate for his estate. If he left no will, you would be the administrator of his intestate estate. If he had a will, you would need to be named as the executor to qualify. Once you are appointed to... View More
Does the widow of the deceased person has rights to the land? No will was made for the deceased person to give the land to their spouse.
![James Clifton James Clifton](http://justatic.com/profile-images/1669226-1669840017-sl.jpeg)
answered on Mar 26, 2024
The exact answer depends on a few factors regarding the dates of death of the parent and child and the terms of the will. If the will listed the child died before the parent, the gift of the land will depend on whether the gift was listed as per stirpes, per capita, or otherwise. If the parent... View More
The step-parent has living relatives: Mom and siblings
![Robert W. Hughes Jr. Robert W. Hughes Jr.](http://justatic.com/profile-images/1482163-1714144796-sl.jpeg)
answered on Mar 13, 2024
The simple answer is no. But, when parent died, child would be an heir to her natural parent's estate. Depending on facts of case, an equitable adoption might exist between step parent and step child that would allow for inheritance. You should see a probate lawyer about that possibility.
I plan on paying our two children the money, but is his widow due any part of this payment?
Thank you.
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Mar 12, 2024
Based on the information you provided, it seems that your ex-husband had a legal interest in the $5,000 payment upon the sale of your home, as outlined in the divorce agreement and quit claim deed. When he passed away without a will in 2018, the legal question becomes who is entitled to his assets,... View More
If the husband dies and leaving the widow the benefits and she dies, who shall the benefits go to?
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Mar 8, 2024
When a teacher passes away and leaves their retirement benefits to a widow, the next steps regarding the benefits after the widow's death depend on the specific rules of the retirement system. Each retirement system has its own set of policies for the distribution of benefits after the... View More
Hospital csn he give me power of. Attorney an I cam get his belongings am truck
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Mar 6, 2024
If your son is currently unable to retrieve his belongings due to a no-contact order, granting you a power of attorney (POA) can be a legal means for you to act on his behalf. A power of attorney would allow you to manage certain affairs for him, such as collecting his belongings, including his... View More
He died due to the care taker canseling more than a dozen of his doctors appointments, changing his doctor, farming him for pills, and now shes selling and giving away his assets (furniture, farm equipment, vehicles, and all his guns are gone). my mother and i have lived next door on his property... View More
![Kedra M. Gotel Kedra M. Gotel](http://justatic.com/profile-images/1665000-1709332977-sl.jpeg)
answered on Feb 27, 2024
You need to file a petition in probate court in the county your grandfather lived prior to his death. The court will notify any other heirs or interested parties (including the caretaker) of the legal matter. You should request to be appointed the personal representative unless someone else can... View More
I know that she has money in the estate.
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Feb 23, 2024
In the situation where you've paid for your friend's burial expenses and you believe there are funds in her estate to reimburse you, it's important to understand the legal process for handling debts and distributions from an estate. Generally, creditors, including individuals who... View More
The inherent name was not changed from the deceased to the legal person. It was not recorded, nor did the money on the loan was reported to the credit bureau. The mortgage company and Fannie Mae illegally to the home. There are documents to prove it. It was also racially motivated, and a lot of... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Feb 5, 2024
When a will is probated and an individual is appointed as the executor and beneficiary, the legal transfer of property, including changes to titles and accounts, requires specific actions to be taken. The failure to change the property title from the deceased to the beneficiary can result from... View More
Naming me executor. To transfer property ownership. Clerk of court, how do I go about this? And can I do this in my own or do I have to have a lawyer?
![Nina Whitehurst Nina Whitehurst](http://justatic.com/profile-images/1518593-1682021260-sl.jpeg)
answered on Jan 11, 2024
In most states there is no law that obligates an executor to hire an attorney. Just like fixing a car, you are free to do it yourself if you know how. But if you don’t know how you will get better results in the long run if you hire an expert. And just like fixing a car it is also often cheaper... View More
My grandmother passed away a few years ago. Her house was left to her surviving children. Recently, 2 of his siblings passed away, both with leaving children of their own. My dad and his sisters want to do a major renovation on the house, but my uncle's widow is insistent that she's... View More
![James Clifton James Clifton](http://justatic.com/profile-images/1669226-1669840017-sl.jpeg)
answered on Jan 3, 2024
It depends on whether your grandmother and uncle had a will. If neither of them did, then your uncle's wife and your uncle's children inherit his portion of the property. The husband and children of your aunt who is also deceased are also joint owners of the property. If your uncle or... View More
My grandmother passed away a few years ago. Her house was left to her surviving children. Recently, 2 of his siblings passed away, both with leaving children of their own. My dad and his sisters want to do a major renovation on the house, but my uncle's widow is insistent that she's... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jan 4, 2024
In Georgia, the rights of a surviving spouse to an inheritance depend on how the estate was structured and the specifics of the will, if there is one. When your grandmother passed away and left her house to her surviving children, the inheritance rights would typically follow her will or, in the... View More
My father died and the house was s split amongst my sisters and myself. I have begged my sister for years for my part of the house but she ignores me. She also lives in the house. She also forged my signature onto the will. I guess my wife question is... Is there a lawyer out there who wants to... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jan 1, 2024
In a situation like yours, where there's a dispute over inheritance and allegations of forgery, it's crucial to consult with an attorney experienced in probate and estate law. They can help you navigate the legal complexities of your case and work towards securing your rightful share of... View More
To go to another program like six months at probation detention center
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jan 1, 2024
In Georgia, if your sister is currently waiting to be placed in the Residential Substance Abuse Treatment (RSAT) program but wishes to explore alternatives like a Probation Detention Center, there are legal steps that can be taken.
First, it's important to consult with her attorney or... View More
Deceased person owns property in Tennessee but died in Alabama. The property is only in their name and deceased left two biological heirs. In addition the property was owned prior to the second marriage. The deceased has no records of other properties in their name. Based on my research if the... View More
![Nina Whitehurst Nina Whitehurst](http://justatic.com/profile-images/1518593-1682021260-sl.jpeg)
answered on Dec 29, 2023
The law of the state in which the decedent had lived prior to death is the law that applies with respect to real estate owned in that state and also personal property wherever located.
If the decedent had real property in a state OTHER than the state in which he resided prior to death,... View More
![James Clifton James Clifton](http://justatic.com/profile-images/1669226-1669840017-sl.jpeg)
answered on Dec 22, 2023
You will need to file probate. The form of probate you need to file depends on whether your father left a will or not. If your father left a will, you will need to probate the will in solemn form. It is usually a better option than probating the will in common form. If your father did not leave a... View More
What steps should I begin taking to have the deeds transferred to my name
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Dec 23, 2023
In Georgia, handling the estate of a deceased parent, especially transferring property deeds, requires specific legal steps. You should look for an attorney experienced in probate and estate planning. This type of attorney will guide you through the process of administering your father's... View More
We have resided together for past 10 years. After the funeral the father told me to stay in the house because that is what his son would have wanted. 3 days later different story he said that he and sister have to sell the house to pay the lawyers. They also have all monies from bank account and... View More
![James Clifton James Clifton](http://justatic.com/profile-images/1669226-1669840017-sl.jpeg)
answered on Dec 10, 2023
If you were not legally married in Georgia or another state, then your rights will be limited to what is in writing. If the life insurance policy lists you as the beneficiary, you will be entitled to the insurance proceeds. Unfortunately, if there is no will, your rights will be limited. Schedule a... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.