Get free answers to your Probate legal questions from lawyers in your area.
My mother has not been mentally in tact since her parents passed in 2017. She became executor or their estate in which the title to their home was put in her name. My aunt and I announced that we were going to file the petition for guardianship and conservator as my mother as the proposed ward to... View More 
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answered on Apr 29, 2019
This appears to be a probate matter. I would suggest that you consult with a probate attorney.
My sibling lives in Europe. There was a pay on death account for my brother and I contacted the investment firm to ensure they contacted my brother to make payment. The firm contacted him and my brother collected the money. However, I am the beneficiary of her home which I can’t sell unless he... View More
answered on Apr 23, 2019
You can have the court serve him with the the proper papers and he will be given a time deadline in which to file his answer. If no Answer, then the petition will be granted.
answered on Apr 22, 2019
In Billings v. State the court pointed out that “[i]t would clearly be improper for an attorney to change roles from the prosecution to the defense (and vice versa) in the same case.” However, the court held that it was not error for the trial judge to deny the defendant's motion to... View More
Is there a way to find out if my dad's pension & life insurance was left to
answered on Apr 16, 2019
The executor is responsible for administering the will and distributing property pursuant to the will after paying off the debts of the estate. Pension and life insurance would not likely pass through the probate process, as you can typically assign death beneficiaries for those. You can contact... View More
We have the House, etc. as joint ownership.
answered on Mar 21, 2019
You have to use any assets that are in his name to pay his debts. If he runs up his credit card debt, owns nothing when he dies, then he is telling you the truth. So, be very careful to make sure he truly owns nothing when he dies and you do not have to repay the credit card debt.
I live in Savannah GA and Mama lived in Thomasville GA.
answered on Mar 18, 2019
Closing an estate involves filing a Petition for Discharge. To file this, you must have paid all creditors, accounted for all administrative expenses and have distributed all property in accordance with the law or with the Will.
My father died in January with no valid will. I need to petition the court to be made Administrator and I have my petition papers for probate court ready to be filed so I can sell his only real asset - his car. As I thought about it, he also had some jewelry, not much, but some. I have no idea... View More
answered on Feb 25, 2019
There are far easier ways to accomplish your goal than what you laid out. That said, you cannot sell any assets until they are in your name or you are in charge of the estate.
My father died intestate 4/2015. Stepmother barely speaks since he passed. Don't think that everything should go to her children. She will not give any thing to us.
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answered on Feb 18, 2019
I would like to express my condolences for the loss of your father. From the information you provided, I assume that your Father did not have a will at the time of his death. As such, in GA, his assets would be divided between your step-mother and his children with the step-mother taking no less... View More
relief can be granted" is it possible this is due to the WILL not having been filed by the trustee in breach ? Would i the plaintiff in the case
need to file a new petition once the Will is filed? The petition included ample evidence of negligence and unresponsiveness to the beneficiary.
answered on Feb 5, 2019
Your question leaves me wondering if there is a trust or a will? To file a claim for a full accounting in probate court, the will must have been filed, admitted to probate and no less than 6 months have passed since the executor was appointed. If you are looking for an accounting for a trust... View More
My brother has mental health issues that have become so severe he now believes his dreams are really happening and he also suffers from extreme paranoia. He refuses to seek any kind of mental help. He has not been a danger to himself, but he did abuse his ex wife. I don’t have any proof of that... View More
answered on Jan 28, 2019
You can get an adult guardianship if you can prove that he cannot care for himself. Talk to local attorneys where he lives and discuss with them your chances of getting him declared incompetent and taking guardianship over him.
I’m currently on active duty order in a foreign country and would like to be able to buy one and have it shipped to my house
answered on Jan 22, 2019
If you cannot lawfully possess the gun in your home state I would not recommend that you do so.
He already attends alternative high school and has probation in another county.
answered on Jan 19, 2019
You may consider filing a Petition to declare the child a delinquent. Talk to a competent attorney, many will charge a fee for a consult. But it is certainly worth it to have direction and options even if you don't retain the attorney.
dfcs came to my house two weeks ago with false allegations of drug use and cleanliness.the investigator had already been to my son School said she saw their concerns with him but I refused the drug test.prior to all of this happening, I had placed my son with his paternal grandmother until I could... View More
answered on Jan 6, 2019
Are you the mother? Whatever you do, don't take legal advice from a Caseworker. You need to consult with an attorney before this gets out of hand.
My dad was married and had 10 acres of land and a home that was in both of their names and she passed away over 10 years ago and neither one had a will and my dad passed away a year ago and leaving me being his only living child. my Step Brother convinced me that it was for my best interest to give... View More
answered on Dec 14, 2018
YES. This needs to be dealt with appropriately before you give away your rights to your father's land. Please contact an attorney specializing in probate work before it is too late.
My mother recently passed away, in her Will it states that my older sister, older brother and myself have rights to her belongings she's left behind. My step parent has took it upon himself to throw out her items left to me and my siblings. He's not listed in her last will and Testament... View More
answered on Nov 29, 2018
You cannot sue for pain and suffering. You can sue for value of the property as well as suing him for interfering with the administration of an estate as an Executor de son Tort.
It’s a criminal trespass, burglary 1st degree and theft by taking charge but they on probation with out bond
answered on Nov 18, 2018
A motion to lift a probation hold and for a probation bond must be filed by an attorney with experience in criminal cases. We can file these the day we are hired and often get a decision within days. If we can’t get probation to agree to it then we go to the hearing and fight for our client!
PR of estate has been recognized by probate court as of this month. Landlord of renter (the deceased) has sent letter of notice to quit lease to PR stipulating property must be entirely clean. Renter was on a floating month by month lease in an old home and acquired decades of stuff. PR lives out... View More
answered on Nov 12, 2018
The landlord can demand whatever he wants. If he wants an eviction he will have to convince a judge what he is doing is right.
The deceased has a month to month lease. In GA the LL needs to give 60 days notice to term so long as the lease is being fulfilled (you must pay rent). He also... View More
or does both parents have to be there
but racking up billable hours. What can we do?
answered on Nov 12, 2018
Check with local attorneys. Check with the probate court in the county where your parents lived to see if they filed a will there.
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