It depends on the specific language contained in the will. If your grandfather's will states that his children receive the inheritance per stirpes, then the children of your mother would receive her share in equal parts. If the language in your grandfather's will states that his children... View More

First, check to see if the deed was held as joint tenants with right of survivorship. If it was, the property passes to you outside of probate. You will need to file an affidavit showing that your husband has passed away and title to the property vests in you. If the deed was not joint tenancy with... View More

You will need to file a formal Petition for Inventory and Accounting. If you are dissatisfied with what is produced, you can challenge the accuracy of the inventory and accounting provided in the pending probate case. You can also request that a new executor be appointed if there is evidence that... View More

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answered on May 11, 2023

Small Estate Affidavits are for $50K or less of personal property. If no assets, why file Probate, especially in Knox County? If any other County has jurisdiction, go there if the Estate must be Probated. With Knox County, you will not want to Probate unless it is necessary. And if the... View More

Until the will is filed, there is no executor. If there is no will, the heir of the deceased will need to file for administration of the estate. If you are a tenant, the estate has the same responsibilities as a landlord and cannot wilfully disrupt your utilities. If you were responsible for paying... View More

If the husband died without a will, the wife would need to file for administration of the deceased husband's estate. If there are children from the marriage or if the husband had children from a previous marriage, the wife would share in the inheritance of the land with the children. Any... View More

If the cousin's mother and your husband's mother both died prior to the cousin's death, then the insurance would pass to the cousin's estate either by will or to her heirs if she had no will. If the cousin's mom or your husband's mom were alive at the time of the... View More

If your mother did not leave a will or medical directive stating her final wishes, it would have to be litigated if there was disagreement among the family. You would need to file an injunction to prevent your uncle from completing the cremation and then have the probate court make a final... View More

It depends on whether your name is on the title. If so, you can probably take the title and a death certificate to tag office and get the car placed in your name.

If that doesn't work, you can foreclose on the car since deceased person will not be making payments. There is a statutory... View More

If your issue is the bank accounts of the decedent, then let the relevant banks know the decedent has died. Do this in writing as well as in person or on the phone. This should freeze these accounts. If you need to get someone accountable for managing the estate, probate the estate yourself, seek... View More

It is possible. Every attorney charges different fees. Some collect fees before beginning work. Others collect at the end. Some charge contingency fees. Others bill hourly and dome charge a flat fee.

It will depend on the size and liquidity of an estate. For instance, if the estate is s... View More

In Georgia, adoption generally terminates the legal relationship between a child and their biological parents, including any rights to an inheritance from the biological parents' estates.

This means that if your nephew was legally adopted by his stepfather, he likely would not be... View More

I'm sorry to hear about your situation. If your sister's husband's name is on the title to your mother's house, it is possible that he may have a legal right to the property.

However, it is important to note that just because your sister's husband's name is on... View More

If he did not have a will, then Georgia law provides a specific order of priority for who can serve as the administrator of the estate. Typically, the surviving spouse has the first right to serve as the administrator, followed by any adult children.

To begin the process of being appointed... View More

I'm sorry for your loss. Regarding your question, it may be possible to contest the distribution of property depending on the specific circumstances of your son's estate and the laws of Georgia.

In Georgia, when a person dies without a will (intestate), their property is... View More

I'm sorry to hear about your situation. In order to determine your son's rights in this situation, it would be best to consult with an attorney who is knowledgeable about probate law and estate planning in the state of Georgia.

Generally speaking, if your ex-husband had a valid... View More

I'm so sorry to hear about your loss. Losing a child in a car accident can be a traumatic and devastating experience, and I understand your desire to be involved in the situation.

In terms of your legal rights, it depends on the specific circumstances of the case. If your daughter died... View More

In Georgia, you typically file a petition in the county where the ward (your disabled brother) resides. Since your brother has moved to a new county within the state, you should file the subsequent petition in the probate court of the county where your brother currently resides.

According... View More

If a conservatorship has already been established in one Georgia county and the ward is later moved to another county within the state, it may be necessary to domesticate the conservatorship in the new county.

Under Georgia law, the conservator of a protected person's estate may file a... View More

Most wills are upheld against caveats. I'm sure they claim a lot of stuff in their caveat. I always do. A caveat will lead to a trial if the issue is not settled before. No reason this should take longer than a year or so and may be handed much faster. Deciding whether the issue is worth... View More