You will most likely need to probate the will in solemn form. If you are also named as the executor, once you are appointed as executor with letters testamentary issued, you can then transfer the property into your name once the creditor claims period has expired. You can also manage insurance and...View More
The calculation and availability of survivor benefits in your dad's pension plan would primarily depend on the specific terms and provisions of that plan. Typically, pension plans offer survivor benefits to spouses and, in some cases, other designated beneficiaries.
In the state of Georgia, a surviving spouse may have the possibility to collect the unpaid unemployment benefits of a deceased husband under specific circumstances. One crucial factor is the duration of the marriage, and a marriage lasting over ten years could potentially meet the eligibility...View More
The Judge states that the codicil is not self-proven. Interrogatories to Witness to Will are being asked for. If said witnesses cannot be notified, what would be my next course of action? I have the original Will, but the original Codicil is with a copy of the Will records in another county. I did... View More
In order to be self-proven, a will or a codicil has to have a self-proving affidavit attached to it pursuant to OCGA 53-4-24. Since the codicil in question does not have a self-proving affidavit, interrogatories to the witness must be produced to confirm to the court that the will was signed as...View More
It depends on the wording in the will, but generally, yes, it can change and often does - children, siblings, nieces, and nephews get disinherited when a parent remarries and leaves everything to the new spouse. Schedule a free consultation so that your aunt's will can get reviewed to see what...View More
You can ask the Probate Judge to set a lower fiduciary bond. But usually someone else that can qualify for that bond requests to become administrator, sometimes an attorney. You may be including items which are not part of the Estate. Consult with a GA attorney that knows Probate, and you can...View More
Unfortunately, if you cannot qualify for a bond high enough to meet the court's minimum requirements, you may not be able to administer the estate. If no beneficiaries or interested parties qualify, the court would likely appoint an administrator to handle it. Schedule a free consultation to...View More
Money was stolen from my fathers estate in 2015.I know the amount that was taken and who took it.I also have documented evidence to prove it.Is it to late to ask the probate judge to have this money returned?
I lost my grandparents around 3 years ago. My mother, also the executor of both estates (and bear in mind we have an extremely strained relationship), inherited almost everything while I ended up with the house. I have received a deed with clear title and it has been filed with the local superior... View More
If the estates are still open, your best bet would be to petition the probate court to have the items removed or have the estate pay you a storage fee. You could make a claim as a creditor. Since you are the legal owner, you technically have the right to have the remaining personal property removed...View More
The time it takes for heirs to be served by the sheriff after the petition to be the executor is filed in probate court can vary depending on the specific circumstances and workload of the court. In Georgia, the process typically takes a few weeks to a few months. The court will need to review the...View More
You will have to file Will for Probate or all the Heirs/ Next of Kin take. That pension might be deemed an Estate asset, and with Letters Testamentary you will be able to demand it be paid into the Estate. If administrator refuses, you will have standing to sue for breach of contract/conversion.
This is far more complicated than it seems. If the spouse has a wrongful death claim, and elects not to pursue it, the claim goes away. No one else can pursue it. If she wants to pursue the claim, but does not want the money, she has to first get it, and then give it away, which comes with gift tax...View More
If there is a surviving spouse and children, all of them would be entitled to compensation from the wrongful death claim. The children would need to file renunciations in order for the spouse to receive full compensation from the wrongful death claim. You are likely dealing with very complicated...View More
If the trust is unfunded, then all of the decedent’s assets that do not have beneficiary designations become part of the decedent’s probate estate and, having no will, the decedent’s estate will be governed by the laws of intestate succession.
No, your sister cannot put it in her name solely. In order to transfer the property from your mother, a probate administration will have to be opened for your mother's estate. From the probate case, the property will either transfer to all of the children equally, or it will need to be sold to...View More
No, you will only receive 2.5% on money received by the estate and 2.5% on money paid out of the estate. The confusion may arise from the 10% commission mentioned in OCGA 53-6-60(b)(3). The commission mentioned in that statute is payable to the executor or administrator in the event that money...View More
Generally, survivor benefits from a pension, including General Motors pensions, are subject to federal income tax. However, the taxation of pension benefits can vary depending on individual circumstances and state laws.
In Georgia, retirement income, including pension benefits, is...View More
If you are going to challenge the legitimacy of a will, you should consider hiring an attorney as many of the arguments involve technical legal issues. Below is a non-exhaustive list of possible challenges to the will.
1) The will was not signed, witnessed, or notarized properly;
I have been granted expanded powers by the probate court in Cobb County, Ga. I have made the legal postings for creditors, the time has expired and there have been no claims against the estate. I have the funds in an estate account. after tax returns are filed, can I just distribute the funds and... View More
It depends on the language contained in the order appointing you as administrator or executor. If the order relieves you of the duty of providing inventories and accounting for the funds, you can distribute the funds and request that the court close the case. If you have not been relieved of the...View More
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