MY MOM PASSED AWAY IN 2006 IN THE STATE OF GA, WHO HAD NO SURVIVING SPOUSE. I AM ONE OF 4 OF MOTHER’S CHILDREN. BUT MY SISTER PASSED AWAY IN 2017, WHO WAS MARRIED WHEN SHE PASSED. MY MOM HAD NO WILL BUT OWNED A HOME WHICH IS BEING OCCUPIED BY MY SISTER’S HUSBAND SINCE HER DEATH. REAL... Read more »
answered on Sep 21, 2022
The Administrator has standing to file suit for possession. You may want to look into a suit for a Sale for Partition.
I am already appointed by Fairfax County court as executor but I need help from attorney and don’t know if I can get one in Georgia where I live or if they have to be in Virginia. Thanks.
answered on Sep 14, 2022
You should contact a Virginia lawyer. I would recommend Deb Matthews at 703-548-3699.
It there a statue of limitation of a will being filed in Georgia probate court.
answered on Aug 31, 2022
If you're questioning the validity of the will, it sounds like you're interested in contesting the will. The statute of limitations to contest will depend on the type of probate brought by the executor or interested person. If it's common form probate, then an heir has up to 4 years... Read more »
answered on Aug 30, 2022
Under GA Code 53-5-3, a will shall not be offered for probate following the expiration of five years from the latest date on which a petition is filed for: (1) The appointment of a personal representative of the decedent's estate; or (2) An order that no administration is necessary on the... Read more »
Ga Code 53-4-23a (2020) says
a. If a subscribing witness is also a beneficiary under the will, the witness shall be competent; but the testamentary gift to the witness shall be void unless there are at least two other subscribing witnesses to the will who are not beneficiaries under the... Read more »
answered on Aug 30, 2022
This is more so an issue if there is a challenge to the will. As a matter of law, the bequest would be void.
answered on Jul 10, 2022
To challenge a Will, one must file a caveat, or objection.
answered on Jul 7, 2022
Whether probate is necessary depends on how your mother has the house titled at her death.
...it over to me. The property is still in his name only and I don't not think there are any liens in the property. It is in the state of Georgia. My question is am I able to do the proper paperwork on my own?
answered on Jul 4, 2022
No, when you are dealing with real estate and property owned by a decedent, you should always have an attorney who practices in this area handle the matter.
answered on Jul 2, 2022
Hello, unfortunately, I am unclear who "she" is, whether she is the judge, or whether she is the non-compliant party. If the latter, judge's can enforce their orders by contempt. It depends on the issue what the judge may do.
I am the sole person, listed as beneficiary & awarded in probate court.
answered on Jun 17, 2022
You don’t HAVE to pay the mortgage, but if you don’t the lender will foreclose and you will lose the house. Putting it in a trust will not change this reality. If it did everyone would do it.
answered on Jun 11, 2022
No, the administrator must distribute the estate in accordance with the law or order of the court.
answered on May 10, 2022
Yes. Evidence can be admitted by way of video or verbal testimony. Therefore, the officers involved in the traffic stop could simply testify to what took place (what they observed) and it would be up to the judge or jury to determine if that verbal testimony is credible. As you might imagine,... Read more »
Member I could not keep making the 1200 mile trip back and forth to decide what I could or could not have in my mothers estate. She has sent me a bill for $60.50 to file it . is that normal? She has made it obvious that she sides with my Crooked brothers that have stole my mothers property . And... Read more »
answered on May 9, 2022
After researching it, I note that Butts County is in Georgia, not Florida. Whether it is appropriate for the judge to charge you to file your letter. You should ask your question in Justia > Ask a Lawyer > Georgia; it is not a Florida question.
answered on May 3, 2022
Consult with an attorney who can review the facts of the case in detail to determine if you have options to explore.
My cousin who is mentally handicapped lived with his grandmother and was taken care of by her. She passed and now her children want to take his personal belongings and add them to the estate.
answered on May 2, 2022
The personal belongings that are his do not belong in the grandmother’s estate.
the house was original in my wife and i name but since she has passed i have probated the will and need to know what paperwork needs to go to the courts to have just my name on the deed
answered on Apr 25, 2022
The answer to this question will depend on what is stated in the Probate Court Order and also the powers stated in the will. You may be required to take additional steps before transferring the title to real estate. If so, missing these steps would affect the title.
Consult an attorney... Read more »
The sister was actually suppose to get property but the son swapped the names on the will
answered on Apr 1, 2022
Sister needs to hire a competent GA attorney to contest the Probated Will.
My mother lied multiple times on a petition to take my kids. She said I abandoned my kids when I did not. She kicked me out and I let my kids stay with her to have consistency but I was there every day with them, picking them up from school and caring for them until they went to bed. And on... Read more »
answered on Mar 30, 2022
This boils down to an evidentiary question. Contest your mom's allegations with your own evidence (i.e. witnesses, phone records, etc.) in court and it is up to the judge or jury to determine what is credible evidence and therefore "fact." Remember, petitions merely consist of good... Read more »
8 children, 4 out of 8 were excluded in moms will. Since them one of the 4 has passed intestate with no spouse or children. So, the land and home which was shared interest 4 ways must now be divided 1/4 for the 3 in the will and 1/7 of the 1/4 for the split of the brother who passed intestate. The... Read more »
answered on Mar 9, 2022
You do not need a lawyer to file a caveat. As I tell folks all the time, you don't need a dentist to pull a tooth either. However, I would not recommend doing either without professional help. You should locate an attorney who handles probate matters to ensure you are getting the right advice.... Read more »
Couple was living separately for 10 years, have no children, and the decree provided ~50/50 split of assets. Does the surviving spouse still have all the rights as a primary beneficiary if the other spouse dies intestate? Next of kin are surviving siblings.
answered on Mar 7, 2022
If a couple is living under a separate maintenance agreement when one of them dies, the couple is considered married for all purposes of inheritance. hose rights however can be altered by the terms of the separate maintenance agreement.
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