Get free answers to your Probate legal questions from lawyers in your area.
Deceased person owns property in Tennessee but died in Alabama. The property is only in their name and deceased left two biological heirs. In addition the property was owned prior to the second marriage. The deceased has no records of other properties in their name. Based on my research if the... View More 
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answered on Dec 29, 2023
The law of the state in which the decedent had lived prior to death is the law that applies with respect to real estate owned in that state and also personal property wherever located.
If the decedent had real property in a state OTHER than the state in which he resided prior to death,... View More
answered on Dec 22, 2023
You will need to file probate. The form of probate you need to file depends on whether your father left a will or not. If your father left a will, you will need to probate the will in solemn form. It is usually a better option than probating the will in common form. If your father did not leave a... View More
What steps should I begin taking to have the deeds transferred to my name
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answered on Dec 23, 2023
In Georgia, handling the estate of a deceased parent, especially transferring property deeds, requires specific legal steps. You should look for an attorney experienced in probate and estate planning. This type of attorney will guide you through the process of administering your father's... View More
We have resided together for past 10 years. After the funeral the father told me to stay in the house because that is what his son would have wanted. 3 days later different story he said that he and sister have to sell the house to pay the lawyers. They also have all monies from bank account and... View More
answered on Dec 10, 2023
If you were not legally married in Georgia or another state, then your rights will be limited to what is in writing. If the life insurance policy lists you as the beneficiary, you will be entitled to the insurance proceeds. Unfortunately, if there is no will, your rights will be limited. Schedule a... View More
I am seeking clarification of the Application of Regulation Z's Ability-To-Repay Rule to Certain Situations Involving Successors-in-Interest, pertaining to Successors-in-Interest who do not have the title to a property. It is my understanding that this rule was intended to prevent predatory... View More
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answered on Dec 5, 2023
Loan assumptions absolutely do not transfer title. You probably need a probate for that, but this is state-specific and you did not say what state the property is in. You also did not say whether the property is residential or not, and that matters too.
Lenders are all too happy to accept... View More
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answered on Nov 21, 2023
No, a temporary administrator does not have the authority to determine who can live in the deceased's home or who needs to be evicted. This is because a temporary administrator is only appointed to manage the estate of the deceased until a permanent administrator or executor is appointed. The... View More
I have a handwritten will that was filed at the probate office in Georgia more than five years ago. The will has no witnesses, and there have been no updates or changes to it since it was filed. Is this will legally valid?
answered on Mar 26, 2025
No, in Georgia, a will must be witnessed by two witnesses to be valid. You will have to proceed with administration of an intestate estate to complete probate. Schedule a free consultation to ensure the estate is administered correctly.
I want to appeal a probate court decision in Banks County, Georgia. I believe my rights under the Fourth to Eighth Amendments were violated, as the court allowed hearsay comments and engaged in misleading statements. Furthermore, I was incorrectly informed that a lawyer was appointed for my... View More
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answered on Mar 23, 2025
To appeal a probate court decision in Banks County, Georgia, you'll need to file a written notice of appeal with the probate court within 30 days of the judgment. Your appeal should clearly outline the constitutional violations you experienced, including the Fourth through Eighth Amendment... View More
I am an only child, and both my Georgia-resident parents recently passed away without a will that I can find. I have signed and notarized forms I was told are necessary and that I need to submit them to the probate court to be made executor of their estate, which I was informed costs $305 per... View More
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answered on Mar 4, 2025
Hire a GA attorney to either conduct an intestate administration or determine heirship and get an affidavit of heirship of record as your source of title. You are not able to do this yourself and could even lose the property.
It seems the law is purposely vague. Surely it is not acceptable to just accept The Executor's word that he will report the numbers honestly and not just use the other heirs' ignorance of the true value of the estate to undervalue the estate? Would it not be required of The Executor to... View More
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answered on Jan 28, 2025
When dealing with a "No Administration Required Agreement" for small estates, transparency is critical to ensure all heirs feel confident in the process. Supporting documentation typically includes a detailed inventory of the estate's assets. This may include bank statements, account... View More
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answered on Jan 27, 2025
Not sure of your question, but you should be able to probate the Will. If Brother is executor, then ask the Court for you to serve instead. Your attorney needs to get consent for you to serve signed by Brother. His Units' JAG outfit can advise him if he questions signing them, and he... View More
My brother is in SSI because of a mental disability. Our mother recently passed and we should get an inheritance. How can he get that and also keep his benefits?
answered on Jan 14, 2025
Yes but you will need to set up a special needs trust for your brother. It is strongly advised to retain an estate planning attorney to handle this matter.
Died while waiting for their share?
Then the other name sells with quit claim deed, cheating the dead person's heirs by not informing them that they had an inheritance? How do I get my dead mommas inheritance? Daddy never told us, now I have the warrenty deed with mommas name, and the... View More
answered on Dec 6, 2024
It depends on the terms of the divorce decree and the way the deed was written. Whoever was entitled to the property in the divorce decree can sell it under most circumstances. Schedule a free consultation so an attorney can review the divorce decree and the deed.
How was this overlooked by three lawyers and a judge? It seems that something so basic would be confirmed by any attorney. Why would my case be transferred to a new jurisdiction?
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answered on Nov 15, 2024
If the will is not filed for probate it means nothing. Hire a GA attorney to represent your interests.
My grandfather's property on his land tax accessor online went from owner: state of so and so then to owner: estate of so and so with ATTN so and so rite under it..... What does that mean???
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answered on Nov 6, 2024
That is the tax assessor's on line chain of title, which may or may not be correct or complete. Hire a GA attorney to search the title and explain to you the title.
Will he get gain time in PDC for those extra days/months that he sits in jail waiting to be transferred?
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answered on Oct 24, 2024
You need to repost your question under Crime in GA.
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answered on Oct 11, 2024
When you receive a survivor benefit with federal tax withheld, you might be eligible for a refund when you file your tax return. Whether you get a refund depends on your total income and the amount of taxes you owe for the year.
When you file your taxes, the federal taxes that were withheld... View More
The ex wants to sell and asked for the death certificate. My question is , can the ex husband sell the home and take all of the proceeds? This is in Georgia
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answered on Sep 3, 2024
There is not enough information to answer your question. A lot depends on what was written in the settlement agreement regarding who would get the home. You need to consult with an attorney who can review the divorce documents and give you advice.
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.
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