No, your sister cannot put it in her name solely. In order to transfer the property from your mother, a probate administration will have to be opened for your mother's estate. From the probate case, the property will either transfer to all of the children equally, or it will need to be sold to... View More

No, you will only receive 2.5% on money received by the estate and 2.5% on money paid out of the estate. The confusion may arise from the 10% commission mentioned in OCGA 53-6-60(b)(3). The commission mentioned in that statute is payable to the executor or administrator in the event that money... View More

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answered on Jul 17, 2023

Generally, survivor benefits from a pension, including General Motors pensions, are subject to federal income tax. However, the taxation of pension benefits can vary depending on individual circumstances and state laws.

In Georgia, retirement income, including pension benefits, is... View More

If you are going to challenge the legitimacy of a will, you should consider hiring an attorney as many of the arguments involve technical legal issues. Below is a non-exhaustive list of possible challenges to the will.

1) The will was not signed, witnessed, or notarized properly;

2)... View More

It depends on the language contained in the order appointing you as administrator or executor. If the order relieves you of the duty of providing inventories and accounting for the funds, you can distribute the funds and request that the court close the case. If you have not been relieved of the... View More

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answered on Jul 13, 2023

if there are no debts owed by the deceased and there is a valid will in place, the distribution of the pension to an heir specified in the will may be possible. It is important to note that the specific distribution of assets, including pensions, is determined by the provisions outlined in the will.

A hearing will only be necessary if there is a challenge to the appointment of the executor. If all heirs agree to the appointment of the executor, the heirs can consent to the appointment in writing. The executor may have to go to court to take the oath of appointment though unless the court... View More

If there are survivor benefits, there should be beneficiaries listed on the survivor benefits policy. If the named survivor is still living, they can claim the benefits, and the benefits are not subject to probate. If the survivor died before you father, the benefits become an asset of the estate... View More

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answered on Jun 29, 2023

If there is a survivor's benefit, who does the declaration say is the beneficiary? That beneficiary should either fill out the company's form for a claim, or at least make a written demand therefor. If the beneficiary is the estate or similar, then the next of kin should execute a... View More

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answered on Jun 29, 2023

If that Daughter also got a power of attorney from the Mother, then she was and is a fiduciary. If so, any and all transfers of principal's property to the attorney in fact are presumptively fraudulent. If no poa, then you will need good evidence of fraud with witnesses, and you probably... View More

You will need to look specifically in the probate records which may only be viewable in person at the Probate Court Clerk's office to determine if there was language in the order that required the furniture to be picked up within a certain amount of time. Generally, the inheritance is... View More

If the decedent left a surviving spouse or minor children, they may have claims for a year's support, meaning they may be entitled to assets even if they are not specifically named as beneficiaries in the will. If there is no surviving spouse or minor children, then the designated... View More

Usually, a surviving spouse and any surviving minor children have certain rights whether they are named in the will as an heir or beneficiary or not. The public policy behind this is that they should not become dependent upon the State because the decedent hasn't provided adequately for their... View More

Whether it is worthwhile to pursue depends on the size of the estate. If it is a multi-million dollar estate, it is probably worthwhile to consult a probate litigator in or near the county where your father's estate was probated.

A key piece evidence is that 2004 will that your... View More

When the petition is filed, a copy of the petition needs to be served by the sheriff or a court appointed process server on the heirs. Failure to do so will prevent probate from moving forward. If you are uncertain about how to file probate, you should engage an attorney. Schedule a free... View More

The children of your deceased siblings are considered heirs of your father and must be provided served with the probate paperwork. Whether they inherit anything from your father's estate would be determined under the will if the will is proven valid. However, they have the opportunity to... View More

You need an attorney to review the trust to clear up the below assumptions. If the trust was a revocable trust with your father as a lifetime beneficiary, the trust is responsible for all debts of your father. The trust does not act as an asset protection device. If the trust was not created by... View More

Estranged? I assume you are still married? Was a divorce or legal separation pending? The answers to these questions s determine your rights.

Assuming you are married and no pending legal action, you are entitled to petition the probate court to open an estate. You are entitled to one-third... View More

The simple answer is yes. You must file a claim against the estate by notifying the personal representative and also filing that claim with the probate court.

The claim can be extinguished with an award of year's support so keep up with the progress of the estate through the probate... View More

It depends on how the Will is written and whether your mother died before your grandfather. If your mother outlived your grandfather and the will is a standard will leaving everything to the four children, then your mother's will dictates who inherits her share. If your mother did not have a... View More