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Dad died here at my home in Cherokee County. He has a 2007 Nissan truck in my driveway and he has 2 bank accts with about $8000 in each. That is all! No other possible heirs! No debts, no creditors! Do I have to file for Letters of Administration or can I file Small Estate?
answered on Nov 23, 2019
You may file a Petition with the court to dispense with administration. The judge will determine if there are other heirs or creditors by advertising in the county of residence or where property is located.
My dad did not leave a Will. I am the Probate Administrator now. I am going through the laws around the appropriate measures to take for my mother and three adult children. His house is in Carroll County Georgia. We were told that the house he owned with my mother is also now ours as well... View More 
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answered on Nov 22, 2019
The answer depends on how the house was titled. It might have been titled in both your mom's and dad's names, in which case there is a good chance that your mother is now the sole owner of the house. If it was titled in your dad's name alone, then your mother inherited a share (not... View More
Husband and wife to have each other as beneficiaries, and one son to be sole beneficiary after both parents are deceist.
answered on Nov 18, 2019
It is best to consult an attorney to assist you with formation. This is the simplest and best practice.
-The Upshaw Law Firm, (770) 240-0922.
I filed a petition for removal of administrator of an estate. When the court date was set. The court sent notice to the wrong address. The petition specified that notice should be sent to my P. O. Box, but it was sent to the listed street address. Though all other notices(i.e. medidiation,... View More
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answered on Nov 18, 2019
I would recommend that you contact the court regarding this issue immediately. Most likely, you will have to file a Motion to set aside the Order of the Court. If you bring it to the court's attention, they may vacate the order.
The lawyer we had quit before we resolved anything. I’ve been living in my mamas trailer for 2 years next month. She told me to move in her place after she wanted to get put in the nursing home. She died 4 months after I moved in. I’m still here but my siblings was to evict me when I’ve been... View More
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answered on Nov 18, 2019
Hello. You have my deepest sympathy for the loss of your mother. This is a difficult question to answer given the information provided. I am unsure if anyone has actually filed to be named as administrator or executor based on the information provided. I will assume someone has petitioned to... View More
I am the only other heir that received it. I was omitted from the Will, which is fine by me. My sister didn’t even notify any of family members of the passing of our Father
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answered on Nov 6, 2019
The answer it depends. If you consent to the proposed executor being named as the executor then you can sign the acknowledgment of service and have no objection to the probate of the will, then you can sign the acknowledgment. You make sure you have reviewed the will and do not see any problems... View More
I have been out of the pin for a year the third. I haven't moved still at the address I gave my probate officer. But someone told them I moved an they came an picked me up.
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answered on Nov 5, 2019
This question is posted in the wrong forum. This is a criminal law question.
The husband has no living kids and the wife can't be the executor because she has a pending divorce. Should she dismiss the divorce action to be the executor, or is it not quite so easy?
answered on Nov 5, 2019
the divorce is automatically dismissed at his death when you let the superior court know he died. File for administration and ask that county administrator be appointed as personal representative. Wife will inherit all assets. A year's support might be a better option that administration.... View More
How do I go about getting his will because I know it is a copy at a lawyer office somewhere in Douglas Ga,or Ambrose
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answered on Nov 4, 2019
You can file a Motion to require that she file the will if you are certain that he had a will. If a will has not been filed and you are not certain he had a will then you can file to be named as administrator over the estate.
I need this to be in effect on the day he turns 18 due to intellectual disability.
answered on Oct 30, 2019
You can file for guardianship at any time. Certainly, if you are worried about SSI or other benefits flowing to your child when he reaches adulthood, you should start now. The process takes about 2 months. We usually start seeing people when the child is about 17 1/2 to start helping with the... View More
Under 6.. I do not Have a will, how would everything that belongs to me be split if i pass without a will? The house and cars are in my name and my wife’s name, and my wife is the beneficiary on my life insurance. Will everything go to my wife or will it be split between my wife and all my kids?
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answered on Oct 22, 2019
Regarding the house and cars, it is not possible to say without reviewing the precise wording on the titles. Regarding the life insurance, if your wife is the primary beneficiary and she survives you, she will get the proceeds.
As to everything else, if your wife survives you, she will get... View More
as Executor, and embezzled the estate assets into my sisters company,
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answered on Oct 18, 2019
You didn't ask a question, but I am guessing that your question is something along the lines of whether you or your father has any kind of remedy for what you consider to be a wrong perpetrated by the probate court or your sister or both. This forum is for questions of a general nature, not... View More
2yrs do I need her husband at the time of her death to sign the paper work to probate it.
answered on Oct 16, 2019
Your sister's children would be the appropriate people to contact regarding the handling of the estate. Her husband is not an heir to your mother's estate. However, you need to determine whether the Will requires bequests to your sister to be paid to her heirs.
My niece (a minor) has an estate from my brother's wrongful death. Court named my dad as Trustee, and her mother as Conservator in 2007. Fast forward, mother lost parental rights 2014. Trustee been handling property last several years alone. Mother voluntarily withdraws as conservator 2019 to... View More
answered on Oct 3, 2019
It is not unusual for a judge to appoint a guardian ad litem under these circumstances.
And my spouse dies before divorce, am I responsible for property?
answered on Oct 2, 2019
The house is considered marital asset, regardless of which person's name it is in. Once you legally divorce marital asset will be divided, with the judge making the decisions after reviewing the facts of the case. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
answered on Sep 29, 2019
The time to respond varies depending on the type of notice. It could be as few as 10 days or as many as 30 days.
wife has filed a Petition for Year's Support, including the assets of the LLC in the petition. I am not listed as a creditor of the LLC, even though I have notified the LLC of the deposit owed to me. The bookeeper for the LLC tells me they intend to return my deposit (several thousand... View More
answered on Sep 27, 2019
You should file an objection to the Petition for Year's Support. You also should file a claim against the estate for he money you paid the LLC.
My widowed mother wants to leave her estate to me, her only living child and does not want my decease brother's minor children to have any claim to it and doesn't know how to do that.
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answered on Sep 23, 2019
Your mother should contact an estate planning attorney to have a will drawn up that accomplishes what your mother wants. This would also be a good opportunity for her to think about other things, such as disability planning and Medicaid pre-planning. Estate planning attorneys can help with much... View More
The house to only 2 children,instead of all 7? Im inGeorgia .joint tenancy with survivorship rights not printed on deed
answered on Sep 23, 2019
You stated that your mother was named executor of your father’s estate. That means your father had a will, and your mother is bound to deliver the property as your father requested in his will. If your father did not have a will, then your mother would be an administrator. She would have to... View More
The acc so he can get ount read her name for his name. The money came from social security disability benefits and she paid his monthly bills with this money. He has 3 sons, one of his children is trying to go thru probate to be appointed representative (he had no will) in order to get this money.... View More
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answered on Sep 20, 2019
When an account is set up like that (Name 1 for Name 2), the account is owned by Name 2 and Name 1 is just an agent, not an account owner. So if your brother is Name 2 and he has passed with no will, then the account should pass to his intestate heirs and, yes, most likely those intestate heir are... View More
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