Georgia Estate Planning Legal Questions

If your father died without a will (i.e., "intestate") as a resident of the State of Wisconsin, all assets that were titled in his name at the time of his death and that were not passed to beneficiaries by virtue of beneficiary designations or transfer on death designations (his "probate estate") will ultimately be distributed to his heirs at law. In Wisconsin, this means that one-half of his probate estate will be distributed to his surviving spouse and the other half will be distributed in equal shares among all of his children.... Read More

Your question does not make sense as asked. Your parents would not have one estate, they would have two separate estates (assuming they are both deceased). If they passed away in or before 2004, their estates should not still be open. The estates should have been administered, and all property distributed, by now.  ... Read More

Generally, minor settlements in Ohio have to be approved by the Probate Court. Many Courts will require any significant money be placed into either a structured settlement and/or a custodial account fro your child. This will protect the money for him/her. A custodial account may also allow access to some of the funds for certain Court approved purchases, such as necessary school supplies.... Read More

The answer is "maybe." If you are following the provisions of the Will, and if the Will gives you, as Executor, the ability to select assets to be distributed to your niece under the Will, then the judge may rule in your favor. Your niece will likely have the right to appeal that decision. That does not mean she will win the appeal. If you are not working with an attorney in this matter, however, you really, really should be. Estate litigation is not a self-help situation. If you are already working with an attorney, then your attorney should be answering this question for you.  Good luck to you.... Read More

My condolences to you on your loss. If your wife had her primary residence in Georgia at the time of her death, Georgia law will control most of her probate estate assets (except for any real estate she may have owned in another state - that state's laws will control the real estate). "Probate" estate assets would be assets your wife owned at her death and which did NOT pass to someone else under a right of survivorship or a beneficiary designation. Under Georgia law, if a person is married at her death, her probate estate will be distributed to her heirs, subject to any possible year's support claims. The estate assets must first be used to pay debts, administrative expenses, and taxes. The estate may also be subject to a Year's Support claim by the surviving spouse and any surviving minor children (under 18 years old). Year's Support is an amount which can be awarded to a surviving spouse or surviving minor child. The purpose is to provide the award recipient with enough assets from the estate to help that person survive for a year after the death. There's not a set amount or share for year's support: it is fact-dependent. If there are contesting parties who challenge the claim, and the claimant has a lot of income and resources of his own,  the award can be little or nothing. After any year's support claims, debts, administrative expenses, and taxes are paid, the heirs divide the rest as follows: if there is a spouse and at least one surviving child (adult or minor), the spouse and the child each take an equal share. However, the spouse gets at least 1/3, so if there are three or more children, the spouse gets 1/3 and each child gets an equal share of the other 2/3. If a child predeceased the deceased, then that child's own children would take his or her share, if there are any. No share is created for a child who predeceased the deceased and did not have any descendant of the child's own. "Probate" assets do not include assets which are payable to a designated beneficiary under a beneficiary designation, unless the estate is the beneficiary (such as life insurance, IRAs, 401k accounts, accounts held with a "POD" or "payable on death" designation, and securities held in "transfer on death" or "TOD" form). Probate assets also don't include the deceased's interest in assets which pass by rights of survivorship, which are assets held by the deceased and any other person(s) as "joint tenants." For bank or brokerage accounts, joint accounts are held as joint tenants by default, so unless "tenants in common" is stated on the account they pass by right of survivorship. For Georgia real estate, the default is tenants in common, so that unless the deed says "as joint tenants," "with rights of survivorship," or something very similar in addition to the names of the joint owners, the deceased's share of the real estate stays in her probate estate at her death. You need to consult an experienced estate attorney soon.  Do not delay, because you can lose your rights or your assets if you do.    ... Read More

In general, other family members (at least ones who are heirs or beneficiaries) are entitled to receive information about the estate, and it is quite common for the executor and the executor's lawyer to provide information to other family members. The lawyer should be careful, however, not to make family members believe that they can rely on the lawyer's legal advice - if the lawyer is the executor's lawyer, at least in Georgia, the lawyer does not represent the heirs or beneficiaries and should advise them that they should consult their own attorneys if they have questions about their rights or interests other than general status updates or the provision of information regarding the estate or steps being taken with regard to it.... Read More

Probate proceedings should be initiated. Seek out a probate attorney in your area. There are costs involved in probate proceedings. These costs include attorneys' fees and filing fees. The attorney you choose should be able to quote you an estimate either over the phone or at the initial consultation... Read More

Yes, but I would never keep the mortgage in my name. You are responsible for payment, but do not have a any legal rights to it. What happens if he dies and leaves the house to someone else? You still pay. Check with the Mortgage company to get their permission, before you do anything. They may accelerate the mortgage to be paid off. In short - do not do it.... Read More