The answer it depends. If you consent to the proposed executor being named as the executor then you can sign the acknowledgment of service and have no objection to the probate of the will, then you can sign the acknowledgment. You make sure you have reviewed the will and do not see any problems...Read more »
the divorce is automatically dismissed at his death when you let the superior court know he died. File for administration and ask that county administrator be appointed as personal representative. Wife will inherit all assets. A year's support might be a better option that administration. See a...Read more »
You can file a Motion to require that she file the will if you are certain that he had a will. If a will has not been filed and you are not certain he had a will then you can file to be named as administrator over the estate.
You can file for guardianship at any time. Certainly, if you are worried about SSI or other benefits flowing to your child when he reaches adulthood, you should start now. The process takes about 2 months. We usually start seeing people when the child is about 17 1/2 to start helping with the...Read more »
Under 6.. I do not Have a will, how would everything that belongs to me be split if i pass without a will? The house and cars are in my name and my wife’s name, and my wife is the beneficiary on my life insurance. Will everything go to my wife or will it be split between my wife and all my kids?
Regarding the house and cars, it is not possible to say without reviewing the precise wording on the titles. Regarding the life insurance, if your wife is the primary beneficiary and she survives you, she will get the proceeds.
As to everything else, if your wife survives you, she will get...Read more »
You didn't ask a question, but I am guessing that your question is something along the lines of whether you or your father has any kind of remedy for what you consider to be a wrong perpetrated by the probate court or your sister or both. This forum is for questions of a general nature, not for...Read more »
Your sister's children would be the appropriate people to contact regarding the handling of the estate. Her husband is not an heir to your mother's estate. However, you need to determine whether the Will requires bequests to your sister to be paid to her heirs.
My niece (a minor) has an estate from my brother's wrongful death. Court named my dad as Trustee, and her mother as Conservator in 2007. Fast forward, mother lost parental rights 2014. Trustee been handling property last several years alone. Mother voluntarily withdraws as conservator 2019 to avoid... Read more »
The house is considered marital asset, regardless of which person's name it is in. Once you legally divorce marital asset will be divided, with the judge making the decisions after reviewing the facts of the case. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
wife has filed a Petition for Year's Support, including the assets of the LLC in the petition. I am not listed as a creditor of the LLC, even though I have notified the LLC of the deposit owed to me. The bookeeper for the LLC tells me they intend to return my deposit (several thousand dollars),... Read more »
Your mother should contact an estate planning attorney to have a will drawn up that accomplishes what your mother wants. This would also be a good opportunity for her to think about other things, such as disability planning and Medicaid pre-planning. Estate planning attorneys can help with much...Read more »
You stated that your mother was named executor of your father’s estate. That means your father had a will, and your mother is bound to deliver the property as your father requested in his will. If your father did not have a will, then your mother would be an administrator. She would have to...Read more »
The acc so he can get ount read her name for his name. The money came from social security disability benefits and she paid his monthly bills with this money. He has 3 sons, one of his children is trying to go thru probate to be appointed representative (he had no will) in order to get this money.... Read more »
When an account is set up like that (Name 1 for Name 2), the account is owned by Name 2 and Name 1 is just an agent, not an account owner. So if your brother is Name 2 and he has passed with no will, then the account should pass to his intestate heirs and, yes, most likely those intestate heir are...Read more »
What is the legal question for us? I don't know what the question is that you are asking. Maybe you could re-write it so that the question is clear so that we can provide you with feedback. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
Don't do that! First, the will is not effective until the testator dies, not a minute before, and then usually only after a court has probated the will and issued letters testamentary giving the executor the authority to sell and distribute the estate. If anybody has a power of attorney for the...Read more »
First, let me express my sincere sympathy regarding the loss of your mother. The answer to your question depends on many things and there is not enough information to provide a thorough answer. We would need to know whether your mother had a will, how the property was deeded, how much debt your...Read more »
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