Her deceased grandfather (my father) had taken out the $100,000 policy. She had less than $1000 to her name. My ex-wife had to file a small estate (?) because the hospital was billing her. My daughter was 31 years old and passed away last December.
Usually a life insurance policy has a designated death beneficiary, and all the beneficiary has to do is provide the life insurance company with a death certificate and the beneficiary's own contact information and identification.
If the primary beneficiary was not living when the... Read more »
Will states: he be relieved from giving any bond & making any inventory, appraisements nor returns of any kind whatsoever to any court.
Is there any way he could transfer the house to the estate & sell it without notice? The executor is not a family member and has not acted in good... Read more »
Because the will excuses the executor from a bond or accountings, the executor still must meet his fiduciary duties. If you feel the executor is not properly performing his job, you should retain an attorney to assist you with enforcing your rights as an heir and beneficiary.
If not the Assent to Devise, please tell the type of deed to use. Single parent was intestate. Only debt is mortgage. Legals in paper are running. Any info will help.
The best information anyone her can provide would be simply to seek professional assistance from a good probate attorney. This forum is not built for specific case procedures. There is no way you can provide enough relevant and critical information online.
The only real assets she had was her home and a small bank account both of which also have my sister's name on them. How should we proceed with probate and not being able to pay the creditors? We are in Douglas County Georgia. Thank you
Probate would be a very bad mistake. Depending on the title to the house and the bank signature card, probably no action is the best course. An Affidavit of Heirship may be needed. Get the counsel of a competent attorney before you do anything.
reasons to this day; including an inheritance worth millions of dollars. Therefore, he owed the IRS a numerous amount of money. He ended up in the hospital and was treated for a financial breakdown. Moving forward, a few years later, he and my brother (who was only 18 years old at the time) started... Read more »
I hope that my colleagues who practice probate law will also answer your question as probate law is not my practice area of law. That said, however, not much in your description of facts makes sense when even basic legal principles are applied. I am not sure how taxes are avoided simply because... Read more »
all other heirs(6) are in agreement with me being the administrator. 1 sister is illiterate and will not agree to anything. what are my options. cant afford an attorney.
Yes, you still file the petition and ask the court to serve the petition on your sister. This is a routine problem. Your sister will have 30 days to respond once she is served with the papers.
A house would typically be considered marital asset, and it was likely both hers and her husband’s. We would need to know more details to provide additional information specific to this situation.
I live in GA and my husband's will leaves everything to me. My children are not contesting the will. All the accounts, titles and deeds are in both our names except for one land lot which is in my husband's name only. Do I have to go through probate just to get that one deed changed to... Read more »
Yes you need to go through a probate process. You must file the will with the court even though you do not need to offer it for probate. You should file a Petition for years support and ask that the lot be given to you as years support.
If the executor named in a will does not take action to start a probate case within a reasonable time, any interested party can file a petition to have himself or herself appointed instead. You would be a logical candidate. You start by contacting a probate attorney in the vicinity of where your... Read more »
They are not legitimate through Superior Court are they heirs? The courts asked for a list of siblings I only gave my whole brothers and sisters but the ones born out of wedlock started calling and got on the probate Court Records as heirs how is this possible. I'm the administrator but... Read more »
As Administrator, it is your job to file a Petition to Determine Heirs. Each person who thinks he is an heir will have to prove to the judge how he is an heir. This type of action is best handled with attorney assistance.
I have receipts I know people that have bought the stuff and I know the stuff was there my daughter went in and seen it after he passed away she was not allow me in the house.
I am very sorry for your loss. We hear of this type situation frequently. You can report all of this to local law enforcement, but I am thinking you may already have done so and not gotten much encouragement from them.
Unfortunately, unless there is plenty of specific information (video,... Read more »
What do I do to get it back? He died in that bed with me.
My condolences regarding your fiancé passing. You may want to try asking her nicely if you can have it simply because it has sentimental value to you.
His property is probably only worth 200000 at most I didn't know if I needed to go through the court or how I needed to handle things.
It depends completely on what kind of property your brother owns. If it is real estate, bank accounts, etc., you have to open an estate for him in order to transfer the property to the next of kin. If his property is from life insurance or other beneficiary designated accounts, you should be able... Read more »
I'm 17 (living in georgia) and I have my father's consent to move out on my own, but not my mother's consent, am I still able to leave? Does it need to be unanimous, or is it ok if you only have ones permission. I've been reading up on GA law and under Georgia Code - 15-11-2 ,... Read more »
OCGA Section 15-11-2(10) states:
(10) "Child" means any individual who is:
(A) Under the age of 18 years;
(B) Under the age of 17 years when alleged to have committed a delinquent act;
(C) Between 18 and 21 years of age and receiving extended care youth... Read more »
He was not named in the will. Am i entitled to inherit anything from my grandmother's estate as heir at law?
Also, am I required to sign the petition to probate will?
You should consult with a probate attorney who can review the facts of your case in detail and provide you with guidance.
My dad died in GA and his classic car is in probate. According to the will, my mom is the sole heir of the estate. I have not been able to find a buyer for the car (mom doesn't drive and has Alzheimer's). Mom's house sold and is going to closing shortly so the car needs to be... Read more »
There are a few different ways to accomplish this but you simply distributing the car directly to your niece from your dad’s estate is not one of them. One option is your niece could purchase the car from the estate for fair market value. Another option is distribute the car to the sole heir,... Read more »
My grandmother (Ellen - husband deceased) and mother (Brenda - unmarried) owned a house together, which was their only significant asset. Ellen had one child (Brenda) and Brenda had one surviving child (me). Ellen passed in 2009, Brenda passed in 2011. Brenda had a will, and I was sole... Read more »
With those facts I fail to see the reason for the Probate Action. But you have not disclosed what estates the two owners had, which is why a lawyer should perform a title search. Very possibly they were Tenants In Common, with one/half interests going to each owners' heirs at death. If... Read more »
The estate would likely go to probate and a judge would make decisions regarding the assets. Consult with a probate attorney who can help you with the process.
My mother died intestate and I am the eldest son serving as executor to her estate. Her spouse is illiterate and in capable of handling her affairs. I am attempting to file court documents and I'm in need of assistance.
As a potential administrator you should first determine if Probate is needed. Unless there is alot of property, then Probate is probably worthless and asking for creditors to come calling. Hire a competent attorney to just inquire about its necessity, then decide whether to file an... Read more »
She had no asset other than about $1,800.00 in her bank account (checking). That money has just been sitting there since her death, 5+ years ago. I want to close out her account, how do I do that?
You can demand the bank distribute the money to the heirs.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
