Get free answers to your Probate legal questions from lawyers in your area.
My husband passed away recently in Georgia without a will. I am filing for a Petition for Letters of Administration to access my late husband's assets. He has one son, whom he hasn't had any contact with in over 32 years by the son's choice. I have no idea how to find or contact him.... View More 
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answered on May 12, 2025
The son is not a decedent as such term applies to deceased persons only. The son is, however, an heir who is entitled to notice of your petition filed with the court. You, as your husband's spouse, however is entitled to year's support which, if timely filed would grant you an opportunity... View More
I have been the sole owner of my father's commercial property (3.4 acres, including a house and five rentals) in Georgia for the past 16 years, holding the deed in my name. Five years ago, my father passed away after writing a will, which was not recorded, dividing the property among me and my... View More
answered on May 6, 2025
Yes, your ownership of the real estate is not affected by the will of your father. The will can only distribute real estate and other assets actually owned by your father. Also, because you own the property individually, you cannot ask your siblings to contribute to the cost of upkeep, maintenance,... View More
My husband passed away and left me our home in Georgia. I am a Florida resident looking to sell the house in Georgia quickly. The house is still in my husband's name, and there is a small mortgage on it. I am the sole beneficiary and there are no other parties involved. What steps should I... View More
answered on May 2, 2025
If probate has been filed in Florida, you can file for ancillary probate in Georgia. If there are no probate assets in Florida and probate hasn't been filed, you can file probate directly in Georgia. If your husband had a will, a petition to probate the will in solemn form will need to be... View More
Can three appointed successor trustees, managing property on behalf of beneficiaries, collectively have the same authority as the original deceased trustee, given that they are working together as a team?
answered on Apr 14, 2025
Under Georgia law, successor trustees possess the same authority as the original trustee. According to OCGA Section 53-12-201(g), “A trustee appointed as a successor trustee shall have all the authority of the original trustee." This is the default rule but the terms of the trust could mean... View More
My father passed away and owned a house in Georgia, with his name as the only one on the deed. He was married to my stepmother, and his will states that she should receive the house. My stepmother's real estate attorney sent me a quitclaim deed to sign so she can sell the house without going... View More
answered on Apr 10, 2025
A quitclaim deed transfers any ownership interest you may have in the property to your stepmother without making any warranties of title. Quitclaim deeds are used to show all others that you relinquish any interest you may have. It is common to give quitclaim deeds in probate cases when everyone is... View More
If a will stipulates that beneficiaries be paid over a 5-year period based on the business's value at the date of death, is the executor responsible for ensuring these payments even if the business is underperforming? My father's will appointed the manager of his small trailer rental... View More
answered on Apr 10, 2025
The executor is obligated to carry out the terms of your father's will, regardless of the business’s performance—unless the will explicitly conditions the payments on available business income.
If the will says beneficiaries are to be paid based on the business's value at the... View More
I am the administrator and an heir of my father's estate. The court has named me the administrator, and there is a will that specifically mentions the property. I have already gone through probate, and there are no other heirs with claims to the property. What is the process for having the... View More
answered on Mar 27, 2025
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
After my father passed away on July 7, 2024, everything was left to my stepmom, who now has dementia and is in hospice care. My brother claims ownership of assets like a truck and lawn equipment, but the will has not been made available for me to see. What actions should I take, considering probate... View More
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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
I'm located in Decatur, GA, and I'm navigating the process of changing the property deeds after the passing of my husband. We jointly owned our home, but the security deed inaccurately lists us as "unmarried," and the warranty deed doesn’t include joint tenancy with rights of... View More
answered on Mar 14, 2025
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
My brother passed away without leaving a will, and I have been paying the property taxes on his land for three years. My name was added as "Co" on the tax information, and now the tax bill is sent to my address, showing his name followed by "Co" and my name. I have not taken any... View More
answered on Mar 11, 2025
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.
My son, who was 100% disabled from the Air Force, recently passed away. He was not married and had no children. His assets include money from selling a house he inherited and two paid-off cars, totaling about $150,000. I'm his next of kin, and my family has agreed on how to divide the assets.... View More
answered on Mar 11, 2025
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
I need advice regarding a will that dictates the inheritance of an estate. An uncle has borrowed money against the property and leased it out. The will is clear about who should inherit the estate, and I have copies of it. Discussions have taken place, but the uncle refuses to sign over the estate.... View More
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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
Since 1998, I have lived in my parents' home in Georgia, paying part of the mortgage until I took over full payments in 2015 when my father passed away. We initially bought the house together with the understanding that my son and I would always live there with them. My father left a... View More
answered on Mar 3, 2025
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
My father passed away in July 2017, but no will has been filed or probated, and no Letters of Administration have been completed. My brother is handling business matters, selling assets (like a car and a truck), and claims he will sell the house. My mother is in assisted living with dementia, and... View More
answered on Feb 27, 2025
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
My sister has been living in our deceased father's house for 10 years, and she now wants to sell it. There was no will and no probate proceedings have been initiated. We are 2 brothers and 3 sisters, including the sister living in the house, and as far as I know, my deceased father is the only... View More
answered on Feb 24, 2025
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
My sister has been living in our deceased father's house for 10 years, and she now wants to sell it. There was no will and no probate proceedings have been initiated. We are 2 brothers and 3 sisters, including the sister living in the house, and as far as I know, my deceased father is the only... View More
answered on Feb 24, 2025
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
My mother passed away in Georgia without a will, and I am trying to obtain the balance of her 401k. Fidelity has informed me that I may be a beneficiary, but they are not being forthcoming with information, even though I have provided everything they requested. No probate proceedings have been... View More
answered on Feb 19, 2025
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
My loved one is receiving hospice care and is nearing the end of her life. She told the family where her will was stored before she became incoherent. The will is in a sealed envelope.
answered on Dec 29, 2024
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
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
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