Georgia Estate Litigation Legal Questions

As you inherit the estate either way, you should not worry about the issues.  If however, there are significant bills for the estate to pay, you need to figure out a way to get the insurance company to honor the change form.  You will need to hire an attorney to help with this matter.... Read More

The only way to remove someone from a real estate deed is if that person voluntarily consents to the removal and signs the deed in front of a witness and a notary public, or if you get a superior court judge to remove that person from the deed, either by way of a divorce or other equitable action.... Read More

Are you the named executor and your mother passed away?  Have you been appointed by the court to be executor?  If you are the executor, then you should have redeemed the account and paid the creditors then distributed the balance to the beneficiaries.   If you can no longer handle the duties as executor, you can resign the position.... Read More

Generally, whenever someone buys property that has a tenant in it, the buyer is accepting that fact and you will be allowed to stay in the property with all rights you have under the lease.  However, you should have a lawyer read your lease to make sure that your rights are not effected by a sale of the property.... Read More

I assume from your question that your mother died without a will and without any other property?  The CD is controlled by the terms of the contract your mother had with the bank that issued the CD.  Generally, if the bank does not hear from the owner by the due date, the bank will roll the CD over into a new CD of like terms as the old CD.  If you name was not on the CD as an owner or a beneficiary, then you will need to open and estate for your mother to obtain the power you need to redeem the CD.  You will have to follow the rules of estate administration if you are placed in charge of your mother's estate.  You should visit the probate court in the county where your mother resided to get more information.... Read More

If you want to keep the funds from being accessed by your husband, you will need to keep your inheritance in a separate account with only your name on the account.  If you place the proceeds in a joint account, the funds generally become accessible by all owners of the account.  Without knowing how the will is written, and how it tries to keep your husband from exercising any rights over the funds, it would seem that once the funds are in your possession, you are free to do with the funds anything you wish. ... Read More

In general, this kind of misuse of estate funds should be viewed as a civil wrong, not a crime. The appropriate remedy is to have the probate courts require the executor to repay the money and, if possible, to pay the costs of enforcement. The criminal justice system does have the time or expertise to pursue these kinds of claims. See an attorney.... Read More

It's not clear what lawyer you are trying to find: one who is helping submit the Will for probate or the one who drafted the Will? These could be the same attorney or could be different ones. Or your friend may not have used a lawyer to draft the Will at all, and the person who has offered the Will for probate may not be using a lawyer at all (assuming that your friend had his principal residence in Georgia at the time of his death). You may never be able to figure out who prepared the Will, if it isn't something you can tell from the copy. If you contact the probate court, you should be able to get a copy of everything which was filed if the Will has been offered for probate. In that case, if there is a lawyer involved, the lawyer's name and contact information should be listed in the file, likely on the Petition to Probate Will.  ... Read More

My condolences on your loss. The only advice I can give you is that you should contact an experienced probate attorney who is licensed in the state where your mother had her primary residence at the time of her death, since that is most likely where her estate will need to be opened. That attorney can find out information about the situation and advise you of what steps need to be taken. You could also try contacting the appropriate court directly. However, most court clerks will not provide you with legal advice. Probate and estate administration work is not really something which you should try on your own. Find a good lawyer who can get you started and provide you with at least a set of guidelines, so that you know what things you should be aware of and may need to deal with. The fact that you live in a different state may or may not be a problem - that will depend on where your mother lived and what that state's laws say about non-resident personal representatives. In Georgia, it's generally not a significant problem. In other states, it might be.... Read More

My condolences to you on your loss. You don't really provide enough detail for me to understand what is going on. It sounds as if your grandmother is the person who is deceased. If that is the case, you may not really have the standing to get the situation resolved, since you may not be an heir (you are only an heir to your grandparent, at least in Georgia - if your grandmother resided in a different state that state's laws would apply- if the child of your grandmother who was your parent died before your grandmother did).  If you believe that you may have some rights or interests regarding your grandmother's estate, what you really should do is consult your own attorney, as soon as possible, since there are a number of potential time limits which can apply after someone dies. The attorney should be someone who is experienced in probate matters and licensed in the state where your grandmother had her primary residence at her death. The attorney can then take a look at the entire situation, ask you needed questions, and review any relevant documents, and advise you what rights or interests you may have and what you may be able to do. Good luck to you.... Read More

My condolences to your family on your loss. If all of your father-in-law's assets were either (1) held as joint tenants (as it appears the house was held) or (2) passed to a designated beneficiary other than your father-in-law's estate (as would often be the case with life insurance, IRAs, or 401(k) accounts), so that there truly are no assets that need to be dealt with through his probate estate, then you would not need to probate anything just to deal with the debt issue. Your mother-in-law also does not have to file anything to take your father-in-law's name off the house, since it should have automatically become hers. However, she could file an Affidavit by Surviving Joint Tenant, if desired, to clarify in the deed records that she is now the sole owner of the house. I would strongly suggest that she consult an experienced probate attorney, however, just to ensure that she's not missing anything and that she's doing anything which may need to be done. If there are any assets in the estate, she may be able to file a year's support claim and get the assets out of the estate even if the student loan debt is owed. But her time for a year's support claim is limited, so she should get good legal advice as soon as possible.... Read More

An "Acknowledgment of Service and Assent to Probate Instanter" is a form to verify that all the heirs of the deceased must acknowledge that they have received a copy of the will and the petition to probate and that they agree to allow the probate to go forward. However, the moment your dad died, if your mom was the only beneficiary, she is still the only beneficiary. Contingent (secondary or tertiary or "next in line") beneficiaries never count, as long as there is a living beneficiary. None of them matter from instant of death forward. While she is living, your mother is the only one who needs to sign the form if she is the only beneficiary. If your mother dies before your father's probate is complete, then her estate is the beneficiary. A word to the wise: I never recommend that people handle the complexities of probate on their own. If everything was that easy, there wouldn't be a market for probate lawyers because they would not be necessary. That area of practice would have fizzled out decades ago. To Your Success, Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com ... Read More

Having her on the mortgage simply means that your sister-in-law also owes on the debt. A further question will clarify any issues of ownership for you or determine your next steps in administering the estate: Whose name is on the Deed? Various scenarios could exist. Here are a few: If your husband's is the only name on the Deed, and his estate is currently in probate, the court will determine who owns the property and have it retitled to reflect the court's ruling. If both yours and your husband's names are on the Deed, you may be a Joint Tenant with Right of Survivorship which means you alone might now own the property. If your husband's, yours and your sister-in-law's names are all on the Deed, you and your sister-in-law might share ownership by Right of Survivorship or the court's ruling. If only your husband's and his sister's names are on the Deed, either she will inherit as the Joint Tenant with Right of Survivorship or you will have to put forth a court claim asking to inherit your husband's share while the estate is in the probate process. In any case, the probate court will have to make a ruling as to how the property must now be re-titled and then you will know where you stand. There are several possible results and they all depend upon whose name is on the Deed or Title to the property. With that information, you can determine what your next steps should be, and whether you need a Georgia estate or probate attorney to assist you. To your success,Gale Allison, Principal AttorneyThe Allison Firm, PLLChttp://www.theallisonfirm.com... Read More