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I have no sisters and my only brother died recently. He had no children and was never married. He lived at my moms house which is still in her name. She passed away a few years ago and my father passed long ago. There was no will. I need to get her property transfered to me. Its all bought and paid... View More 
answered on Nov 20, 2024
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
Father dies in 2018 as joint tenant without ros with mother who died in 2024. Nothing has been filed with probate yet. I am the only biological child and have 2 older half brothers (from mom's previous marriages). Do I inherit half of my fathers interest in the home or is it divided between... View More
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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
answered on Oct 29, 2024
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
I am the executor of her state and have gone through probate but did not change the name at the time. I live in Florida, my mom's house in in Augusta ,Ga
answered on Oct 22, 2024
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
My mother died intestate leaving only a car and saving/bonds/stocks/IRA's worth a large sum of money. The 4 children have all agreed that one brother can act as an administrator. Should I consent to grant all powers to him like his attorney suggests? Waiver of bonding, waive reports to the... View More
answered on Oct 11, 2024
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
answered on Sep 14, 2024
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
answered on Sep 11, 2024
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
answered on Sep 5, 2024
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
answered on Sep 11, 2024
In Georgia, introducing a prenup as evidence to a probated will isn't automatically a contest.
Will contest: Formal challenge to will validity (e.g., lack of capacity, undue influence)
Objection: Less formal concern about specific provisions of a will or administration... View More
answered on Sep 3, 2024
Yes, your mother's estate will be split according to the laws of intestacy. The split percentage depends on the number of children your mother had. If you are an only child, you and your father will each get 50%. If there were multiple children, your father will receive no less than 1/3 of the... View More
I am in touch with the deceased owners son who is willing to sale. We just need to figure out the deed and we are ready to move
answered on Aug 29, 2024
To change the name on a deed from a deceased person to facilitate a sale, a legal process such as probate is typically required. Probate is necessary to transfer ownership from the deceased to their heirs or beneficiaries. Once probate is completed, the executor or personal representative can sign... View More
There is a lot of information to write down. The situation in short is my family member is dead. His girlfriend broke up with him, according to a documented police report & body cam footage, the night he died in an accident. She now provides a Living Will (Not Will & last testament) printed... View More
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answered on Aug 22, 2024
Please note that I am not admitted to practice law in Georgia, but I found this information through a brief Google search, and the requirements in Georgia are similar to those in most states. In Georgia, for a will to be valid, it must meet specific requirements, such as being in writing, signed by... View More
Only two Heirs (sons), all debt has been paid
Does an attorney need to submit this form to Probate or can I, as Executor?
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
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
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.
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
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.
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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?
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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
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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
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