Georgia Estate Planning Legal Questions

Yes, you file a petition for partition of the land if there is enough land to physically divide it into eight parcels. If the land is not large enough to do that, you can petition for equitable partition of the land which would result in the land being sold and the proceeds divided among the eight owners. Both of these are Superior Court actions that will be filed in the county where the land is located. You will need to hire an attorney to handle this for you, but if you go the equitable partition route, the attorney can be paid from the proceeds of the sale so that all heirs contribute.... Read More

It is difficult to precisely answer your question without looking at the POA and what it actually states, but in general, your sister would likely have the power to sell the house, regardless of what your mother's will states. The money from that sale would be your mother's and would not belong to your sister.... Read More

I am not certain what the rules are in your state, but in Indiana, all beneficiaries under a will have to be given notice of the probate process. However, if your uncle is the executor, and the will allows for him to sell assets, then he can do so. However, you would be entitled to half the net proceeds of the sale. You can also choose to purchase the home from the estate, if you wish to stay in it. You should consult with a probate attorney in your area to be certain all rules and procedures are being followed.... Read More

If he is not mentally competent to sign a Power of Attorney, then your only option will likely be to seek a Court appointed guardian. In Indiana, the process for this task is to file a Petition to Appoint a Guardian, notifying all relatives of the proceeding. The Court then appoints a temporary guardian to determine for the Court if the person truly needs a permanent guardian. Then a hearing is held and a guardian is appointed. You can request that the Court appoint you as the Guardian. In Indiana, the process generally takes a month or two to complete. You should seek the advice of an estate planning or elder law attorney in your area.... Read More

If these are the only portions of your decree that pertain to the annuity, then yes, you do still have a claim. Ownership of the policy stayed with her, which includes the ability to change the beneficiary. If she did not choose to change the beneficiary designation, then it is still valid. Unless you somewhere agreed not to accept any benefits from that policy, you should be able to receive and keep the death benefit. If the insurance company receives any conflicting claims, they may decide to pay the proceeds into court, and let a judge decide. That would probably be done in SC, if that is where she died. You should file a claim and see how the insurance company responds.... Read More

Sorry but I think it is unlikely that you can do anything. Life insurance proceeds by statute are not subject to the claims of creditors unless no beneficiary is specified and the money goes into the probate estate. Unfortunately, you signed the contract with the funeral director on the assumption that you were the beneficiary, unless you can show that it was a mutual mistake, you may not have a defense. Did this information help answer your question(s)? Details and context often affect the validity and usefulness of an answer that is based on a general statement of the law. You may need to consult directly with an attorney and provide additional information in order to get the best answer.... Read More

Quitclaim deeds are messy. Did you father deliver the deed to your sister in October when he signed it? If so he may have validly transferred it to her then. If so, then your deed may be of no effect. Without knowing all of the facts it is hard to say. Your father may need to initiate litigation to get the property back into his name. He may have issues if he needs to go on Medicaid,etc. That being said an attorney should be consulted sooner rather than later! Your father should have probably done an estate plan.... Read More

I think you are inquiring about what options exist for your mother with regard to Medicaid planning. This is a fact specific inquiry. Your mother's entire financial picture needs to be reviewed with an eye toward appropriate planning. She may need a guardianship to facilitate this type of planning.... Read More

If your mother is the named beneficiary on bank accounts and insurance policies then she is the appropriate person to receive those assets. You mention that you are the beneficiary. Do you mean you are named in your grandmother's Will? If so, a Will only applies to probate assets. Those are assets that do not have a named beneficiary, are not joint tenant accounts and are not in a trust. Creditors are always paid before Estate beneficiaries, so if a lender is due money, the lender needs to be repaid from the estate before a beneficiary receives an inheritance. To discuss your specific situation, you should make an appointment with an attorney who can address your specific issues. We offer a one hour consultation with an attorney who will provide you with important information regarding your specific case and will able to advise you on the options that you should consider in determining your next steps for the small investment of $100. This is a significant discount from our billing rates. We are providing a valuable service to you at a discounted rate. If you are interested in making an appointment with one of our attorneys, please contact Michelle at 702 873 9500. She will need to gather some initial data from you and run a conflicts check before an appointment may be set. Our web site, www.goldguylaw.com , can provide you with more information about the law firm and our attorneys. This response is not intended to create an attorney client relationship. The response is solely intended to answer the question presented. Additional facts and issues are unknown to the responding attorney. Should you still have questions, legal assistance should be sought by making an appointment to meet with an attorney, rather than attempting to resolve the issue via e mail. This response is merely provided to give direction to assist you in the decision of whether you should contact an attorney or not.... Read More

Yes. Anyone can sue anyone. The question is whether she has a good case. How did you get custody? If custody was through the court you may be able to have that court approve how you spent the money. You need to speak to an attorney. This response is not intended to create an attorney client relationship and is solely based upon the information set forth in the the inquiry.... Read More

There are a number of issues but not enough information to fully answer. The decedent being the sole owner, who died without a will, of the real estate means that a related party, a Spouse, a Child, Mother, Father, all being related parties, could file a petition in the probate court in the decedent's county of residence and ask to be appointed as personal representative (PR) of the decedent's estate. Notice would have to be given to all related parties. That having been done, that PR would have standing to deal with the mortgage holder. Unfortunately, without knowing more about the circumstances with the mortgage, it would be only speculation as to what could be done. You have not explained the significance of the court date, whether that relates to the mortgage or to a probate. The bank does not need to wait to proceed and can usually do so in two different ways. One is foreclosure by advertisement and the other is foreclosure by suit. Most lenders proceed by advertisement. Depending on if that process has commenced and where it is in the process, will affect the rights that are available to the estate. You should advised family members (who would have priority for appointment as PR) to consult with counsel at once so the facts can be determined and more specific and complete advice provided. Attorneys admitted in Michigan are permitted to practice in all state courts. Much of this situation may be dealt with without the necessity of multiple court appearances. If the relatives of the decedent wish to follow up on this answer, my contact information follows.... Read More

The proper place to bring up this issue would be in the court administering the probate estate, as that court has jurisdiction over the estate personal representative and is able to address his or her inactions. Accordingly, you probably need to file a petition with the probate court that is administering the estate and raise the issue to be reviewed by the Court. I suggest that you meet with an attorney who can review the papers that have been filed in the probate case to see if the personal representative received authority from the court to allow the estate property to be foreclosed.... Read More

It is probably best to have the Will reviewed by an attorney who can read the entire document and advise you. It may be necessary to file with the Probate Court to have the items returned or have her removed. We charge $100 for a one hour consultation with an attorney who will provide you with valuable information regarding your rights and the law in this area.... Read More

Your question is very complex and fact driven. I suggest that you meet with an attorney to address the issues involved with the specific facts related to each Will and the options available and costs associated with pursuing the same. You would certainly benefit from a consultation to address the specifics of the situations that you are concerned about.... Read More

First you must lodge the original Will with the clerk of the Court. With regard to filing for probate, the missing items are not included in the inventory that is filed with the court. If someone asks about them, then you will need to explain the facts and circumstances associated with the prior gifting. The court may schedule a hearing on the issue if there is an objection by an interested person to determine if the asset was appropriately gifted before death.... Read More