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

The designation in poas creates a preference for the designated. The issue still needs to go before a judge if a guardian and or conservator is to be appointed.

Another question is why do you need the courts involvement if you already have poas. See an elder law attorney in Georgia.

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2023

If the house is still in your mother's name and she has Alzheimer's and is unable to manage her affairs, it may be necessary to establish a conservatorship to manage her assets and make decisions on her behalf. A conservatorship is a legal arrangement in which a court appoints a person or... View More

The answer is dependent upon how your grandparents held joint title - as tenants in common or as joint tenants with rights of survivorship. If tenants in common, your grandfather's heirs would inherit his 1/2 interest in the property. If the property was held with rights of survivorship,... View More

If you and your siblings cannot agree regarding the reimbursement, this will be a question that must be presented to the probate court. You would present your case as a subsequent creditor of the estate for estate debts incurred and seek reimbursement. The documentation you have will be helpful in... View More

See an estate lawyer in Georgia for help. Presumably, a court has appointed an executor. If you have a problem with how an executor is handling an estate, the usual first step is to demand an accounting of the estate.

If the will was probated, then it should be in the files of the Probate Court of the County where your grandfather lived when he died. This is a public record, and the Probate Court should provide you with a copy of this for a small charge.

If the estate was never closed, then you can... View More

If the will was probated, then it should be in the files of the Probate Court of the County where your grandfather lived when he died. This is a public record, and the Probate Court should provide you with a copy of this for a small charge.

If the estate was never closed, then you can... View More

Property should be deeded to the current trustee for the revocable trust. Doing this properly (assuming everything else is correct) should avoid the need for probate with respect to the property as the successor trustee will be able to take charge.

A year's support claim can include property tax avoidance for one year. If there are assets that are in decedent's name those can be claimed in a years support. If the surviving spouse already has title to all the assets, then years support will not be of use.

I’m not sure I understand the question, but if he was killed at work, workers’ comp benefits were paid as was required by law; it doesn’t sound like a case to be “won” necessarily (comp is “no fault) but just paid as the Act says to. Whether he had bills or debt isn’t relevant.

Whenever someone does and at person owns real property, an estate must be opened in most cases. There can be a couple of exceptions. Wrongful death proceeds generally are payable to the heirs with a small sum of the money payable to the estate to cover final expenses of the deceased person. If... View More

If a will has been admitted to probate, and you object, you have two options. If the court is not an expanded jurisdiction court, you can appeal the decision to the superior court in the county where the probate court is located. You must file the appeal within 30 days of the order admitting the... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 15, 2022

Hire a competent GA attorney now. The house may not be part of the Estate, and if not, the Heirs own it and a Partition Action may be needed, so a Title Search is necessary. With Letters of Administration you have authority to file the eviction action if the house is an Estate Asset, and can... View More

Nina Whitehurst Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 14, 2022

Yes you are entitled to that information. Look in the probate court files for interim and final accountings. If there are none, hire an attorney to help you remove and replace the executor.

In Georgia, a spouse is entitled to no less than 1/3 of an estate with the remainder going to the children. In addition, the spouse can file for year's support and ask for whatever they want. You are not required to sign any papers related to the probate of your mother's estate.

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.

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.

The will isn't admitted to probate and the executor is never appointed until the heirs are notified. The petition will just sit there.

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