Get free answers to your Probate legal questions from lawyers in your area.
answered on Sep 2, 2024
Yes, any heir may retain counsel prior to the passing of the individual that the heir may inherit from. If you anticipate that the estate may be contested, it would be in your best interest to retain counsel yourself.
Schedule a free consultation to make sure that your inheritance is protected.
Is there case law in which an estate was required to pay alimony arrearages?
answered on Aug 29, 2024
Alimony can be claimed against an estate. The priority of alimony is set by statute, OCGA 53-7-40. Alimony falls under judgments and is 6th in priority under the statute.
If you're arrested on a bench warrant and u have ur purse on u can the police legally search it? No new charges so no reason to search for anything that would have to do with a new crime being committed.
answered on Aug 15, 2024
Most likely, yes. Your person and/or purse can be searched incident to arrest without a warrant.
R the home for sentimental reasons but my little sister is telling me She forbids it. She does not live there but she does hold the key. Can I enter even without her permission because she believes she has the right but not me
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answered on Jun 28, 2024
Hire a GA attorney to search the title and determine heirship. If you are an heir, you have a right to possession.
If someone has this said new will and has refused to probate it how can I contest it??? They also have the ONLY copy of this said new will and the only copy of the first will made!!!
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answered on Jun 11, 2024
An interested party might file for an intestate probate administration. Then if will proponent wants a will to control, he will have to file it in probate case. There it can be contested if needed.
I have no copy of the will but I was urgently forced to sign a document that she had, I never received any copy of it from her so I recently got one from the court and I am now trying to find out what I can do about it. I now understand that she has had me pretty much waive my rights to ask about... View More 
answered on Mar 9, 2024
You should go by the probate court where the will is filed and get a full copy of the probate file. It will include a copy of the will. Once you review it, if you believe something is wrong, contact a lawyer specializing in probate law to get advice.
There was no will. I have three siblings and my stepdad. My brother passed away right after my mom. He had no heirs. My stepdad and my other two siblings don't want anything to do with the property because they have their own homes. How do I close out the Probate so that I can get the... View More
answered on Mar 7, 2024
You have a mess on your hands. You will need your the step-dad and 2 siblings to sign a disclaimer stating they do not want anything from the estate. If your brother who died has children, they are entitled to your brother's share.
Because they were heirs and executor does not do this , what are the consequences ? The will was filed with the court ,but as far as I know it was never probated ?
answered on Feb 12, 2024
The will isn't admitted to probate and the executor is never appointed until the heirs are notified. The petition will just sit there.
They are not turning in all the estate accounts and they my have moved them before it was even put in probate
answered on Feb 4, 2024
You have the right to request an accounting and inventory from the administrator/executor. If you have evidence that the administrator/executor is misappropriating funds, you can request that a new administrator/executor be appointed. Schedule a free consultation to make sure your interest in the... View More
My mother and father were married for years before my birth, both listed on my birth certificate as parents. According to court documents they were divorced when I was 3 yrs old. I and my older siblings were listed as their children on the divorce decree. The decree also states that if he... View More
answered on Jan 5, 2024
If there is a court order declaring you a child of the deceased, and the parent died intestate, you are entitled to your share of the estate equal to your siblings share. You should consult an attorney specializing in probate work before you lose your rights.
answered on Jan 4, 2024
If your sibling died without a will, a spouse, children, or parents, you may be entitled to recover the money in the savings account. It would depend on whether you have additional siblings as well. Schedule a free consultation to see if you qualify to recover the money in the savings account.
answered on Dec 21, 2023
If there was no will, all property of the deceased should be sold and the proceeds divided among the heirs according to law. No heir has rights to property at a higher priority than any other heir. Schedule a free consultation to make sure your rights are protected.
Ga code 53 chapter 11 says I have to be served notice
answered on Dec 15, 2023
You are entitled to notice as an heir. Failure to provide notice is a breach of due process. Schedule a free consultation to make sure your rights are protected.
Happens to the deceased belongings.
A family friend has taken control of everything and trying to erase the existence of the one in jail. Selling a house belonging to the family. The control has been taken through lies and defamation of the incarcerated fueled by hate towards that... View More
answered on Dec 13, 2023
Assuming the brother who died does not have a spouse or any children, the mother will inherit everything. the brother in jail does not inherit anything.
House with small mortgage and bank account in his name only. Investment account, pensions and two small debts. Does she need letter of administration or is this all considered marital property? Or just year of support form filed with court? Dekalb County, Georgia.
answered on Nov 11, 2023
You have two options: 1) file a formal administration, or 2) file a petition for no administration necessary. Since he did not have a will, formal administration would be necessary if the creditors do not agree to the no administration necessary. Some or all of the assets may not be subject to... View More
I have a signed mediation agreement and now the other party will not sign the final order to go to the judge and her lawyer keeps changing the agreement after mediation is over.
answered on Nov 6, 2023
If you have an attorney you should speak to your attorney about any changes the opposing attorney has attempted to make after mediation ended. If you are representing yourself you could file to enforce the mediated agreement. But there is not a form for that. If a final order was drafted by... View More
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answered on Oct 25, 2023
If you've been informed by Fidelity that you are entitled to benefits following your father's passing, but it has been six weeks and the benefits have not been disbursed, it's advisable to follow up with Fidelity to check on the status of your claim and the reason for the delay. You... View More
answered on Oct 15, 2023
Your husband's will needs to be probated. After it has been probated, the executor should provide the royalty administrator with a copy of the will, the death certificate, the letters testamentary, and a request to transfer the royalties to you. Once that has been done, the royalty... View More
What can be done to correct this in the state of Georgia
answered on Oct 10, 2023
You can send a request to amend the death certificate to the Department of Public Health. If a funeral home was involved with the arrangements following the death of your father, they may be able to assist with the correction. If you need additional help with probate, schedule a free consultation... View More
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answered on Oct 9, 2023
You probably need to hire a GA attorney to represent you.
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