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Georgia Estate Planning Legal Questions

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195 legal questions have been posted about estate planning by real users in Georgia. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include trusts and estates, powers of attorney, and charitable giving. All topics and other states can be accessed in the dropdowns below.
Georgia Estate Planning Questions & Legal Answers - Page 6
Do you have any Georgia Estate Planning questions page 6 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 195 previously answered Georgia Estate Planning questions.
Estate Planning
Georgia

Recent Legal Answers

How long do I have to carry out the terms of a will after the death?

Answered 14 years and 6 months ago by attorney David Goldman, Esq.   |   4 Answers   |  Legal Topics: Estate Planning
If you have a will, you are suppose to file it with the court within 10 days of death. Once a probate is opened there are time requirements for taking action or seeing permission to get an extension, but there is no requirement to open a probate. Often people wait for 2 years so that if no one files a claim, the claims can be invalidated.... Read More
If you have a will, you are suppose to file it with the court within 10 days of death. Once a probate is opened there are time requirements for... Read More

Were funds misappropriated from the estate?

Answered 14 years and 6 months ago by attorney David Goldman, Esq.   |   2 Answers   |  Legal Topics: Estate Planning
Sounds like your husband should hire an attorney to review the situation and advise him of the risks. Not only could it be what they are claiming but it may subject himself to a criminal charge for abuse of the elderly in Florida.
Sounds like your husband should hire an attorney to review the situation and advise him of the risks. Not only could it be what they are claiming... Read More

Can you tell me what to expect regarding inheritance after my parents pass away?

Answered 14 years and 6 months ago by attorney David Goldman, Esq.   |   3 Answers   |  Legal Topics: Estate Planning
Generally, a probate case will be opened, the house will be determined to be homestead, and then the home will become the property of the three kids, unless a will or some other document directs it otherwise. You can avoid the cost of the probate by using a Florida Enhanced Life Estate Deed or a trust in some cases.... Read More
Generally, a probate case will be opened, the house will be determined to be homestead, and then the home will become the property of the three kids,... Read More

Can my siblings legally force me to sell an estate we jointly owned?

Answered 14 years and 6 months ago by Eric C. Lewis (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Estate Planning
If you can't buy out their interest, they do have the right to "partion" or sell their interest in the real estate.
If you can't buy out their interest, they do have the right to "partion" or sell their interest in the real estate.

Can I transfer joint bank CD to son?

Answered 14 years and 6 months ago by Glen Edward Ashman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
You can do the transfer and not get SSI, but the transfer must be reported and will result in you not getting SSI. If you do the transfer and don't report it, it is a felony and you can expect to go to prison. Your son might go with you.
You can do the transfer and not get SSI, but the transfer must be reported and will result in you not getting SSI. If you do the transfer and don't... Read More

How can we find out cause of death if we don't have power of attorney?

Answered 14 years and 6 months ago by attorney Dara J. Goldsmith, Esq.   |   4 Answers   |  Legal Topics: Estate Planning
A power of attorney dies with the maker, as such the nursing home may not be able to speak with the attorney-in-fact either. The options are try to order a death certificate, it will include the cause of death. As a family member the County may be willing to provide you with one. The cost is about $20.00; or you may need to go into probate court to get an order that enables you to access that information. The last alternative is the most costly.... Read More
A power of attorney dies with the maker, as such the nursing home may not be able to speak with the attorney-in-fact either. The options are try to... Read More

How can we find out cause of death if we don't have power of attorney?

Answered 14 years and 6 months ago by Eric C. Lewis (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Estate Planning
Cause of death is indicated on the death certificate.
Cause of death is indicated on the death certificate.

How can we find out cause of death if we don't have power of attorney?

Answered 14 years and 6 months ago by attorney David Goldman, Esq.   |   4 Answers   |  Legal Topics: Estate Planning
A POA would not help as they expire upon death. You can order a death certificate from the department of vital statistics.
A POA would not help as they expire upon death. You can order a death certificate from the department of vital statistics.

What do people go to probate court for?

Answered 14 years and 7 months ago by Mr. Brian Haggerty (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Estate Planning
Probate is the process by which a person's will is given effect: it governs the disposition of someone's estate when they pass away. Frequently, this includes a house.
Probate is the process by which a person's will is given effect: it governs the disposition of someone's estate when they pass away. Frequently,... Read More

Can a son or daughter be held liable for medical bills after their parents death?

Answered 14 years and 7 months ago by attorney Dara J. Goldsmith, Esq.   |   5 Answers   |  Legal Topics: Estate Planning
It is possible, if they received assets from their parents, or if they signed as being responsible for the debt.
It is possible, if they received assets from their parents, or if they signed as being responsible for the debt.

How can I protect my inheritance from creditors?

Answered 14 years and 7 months ago by attorney David Goldman, Esq.   |   2 Answers   |  Legal Topics: Estate Planning
If you are living in the home, the best way is with the Florida homestead.
If you are living in the home, the best way is with the Florida homestead.

Are there court costs for everyone involved in the same estate planning case?

Answered 14 years and 7 months ago by Mr. Brian Haggerty (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Estate Planning
Not necessarily, but possibly. If the four are acting in concert and working together (each will need separate representation) they should be able to keep costs down. If everyone is acting alone and filing their own motions, etc., then they might possibly pay multiple costs.
Not necessarily, but possibly. If the four are acting in concert and working together (each will need separate representation) they should be able... Read More

What is the difference between guardianship and conservatorship?

Answered 14 years and 7 months ago by attorney Monica H. Donaldson Stewart   |   5 Answers   |  Legal Topics: Estate Planning
Generally speaking, a conservatorship grants the authority to manage a person's financial affairs and a guardianship grants the authority to manage a person's day-to-day life activities and health care decisions.
Generally speaking, a conservatorship grants the authority to manage a person's financial affairs and a guardianship grants the authority to manage a... Read More

Can I get a power of attorney for my parent?

Answered 14 years and 7 months ago by attorney David Goldman, Esq.   |   5 Answers   |  Legal Topics: Estate Planning
You would need to establish a guardianship. There are several types and we would be happy to discuss your options with you.
You would need to establish a guardianship. There are several types and we would be happy to discuss your options with you.

Do I have rights to my husband's house?

Answered 14 years and 7 months ago by Mr. Brian Haggerty (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Estate Planning
You should get a lawyer and open probate. You have a right to a portion of your husband's estate.
You should get a lawyer and open probate. You have a right to a portion of your husband's estate.

What happens if my parents do not specify a benefactor?

Answered 14 years and 7 months ago by Mr. Brian Haggerty (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Estate Planning
The term "benefactor" is confusing. A "benefactor" is one who benefits another. The person who takes under a will is a "devisee." No one would write a will that has no devisees that would be a completely pointless document. Your parents should have some estate planning done by a lawyer experienced in the area.... Read More
The term "benefactor" is confusing. A "benefactor" is one who benefits another. The person who takes under a will is a "devisee." No one would write... Read More

Does a spouse have to let the other know if they sell their interest of a will?

Answered 14 years and 7 months ago by Glen Edward Ashman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
People can change wills any time they want and they don't have to tell anyone.
People can change wills any time they want and they don't have to tell anyone.

Am I entitled to the plot if my mother dies and father is remarried?

Answered 14 years and 7 months ago by Glen Edward Ashman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
There is no way to answer without seeing the deeds and the trust.
There is no way to answer without seeing the deeds and the trust.

What happens to a car loan for a recently deceased person?

Answered 14 years and 7 months ago by Todd S Rayan (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Estate Planning
The lender becomes a secured creditor of the Estate. You either assume the loan if they will allow it (not likely) or you sell the vehicle and pay it off. If you can do neither, you can return the vehicle as a voluntary repossession. It must be accounted for through the probate process.
The lender becomes a secured creditor of the Estate. You either assume the loan if they will allow it (not likely) or you sell the vehicle and pay it... Read More

How can we resolve this real estate tax situation?

Answered 14 years and 7 months ago by Tony Mankus (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Estate Planning
Based on the information you provided, you mother is not legally responsible for the real estate taxes on the property, your stepfather's brother is. If the real estate taxes are not paid, the property will be sold for taxes by the County. If they are not redeemed withing a certain time limit, title to the property will pass to the tax purchaser after notice and hearing.... Read More
Based on the information you provided, you mother is not legally responsible for the real estate taxes on the property, your stepfather's brother is.... Read More

How long does it take to make a will?

Answered 14 years and 7 months ago by Jeremiah D Raxter (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Estate Planning
All depends on the attorney. Call around. Some can be completed within day, but the average is a week.
All depends on the attorney. Call around. Some can be completed within day, but the average is a week.

Who is liable for the estate if my father dies?

Answered 14 years and 7 months ago by Todd S Rayan (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Estate Planning
His Estate would be liable for any outstanding debts. The joint ownership accounts are non-probate assets and would normally pass to your sister. However, if the estate is insolvent, meaning there are not enough assets to pay all of the liabilities, a creditor may seek to recover from the non-probate assets.... Read More
His Estate would be liable for any outstanding debts. The joint ownership accounts are non-probate assets and would normally pass to your sister.... Read More

Should I put my wife on my mortgage if she cant afford to pay it?

Answered 14 years and 8 months ago by Glen Edward Ashman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
These are the type decisions that make paying a lawyer $250 or so to do a will is far better than spending $50 to $100 on junk you find online (like Legal Zoom, etc.) While you may possibly get lucky and get a valid will online, you lose the advice. There are many different ways to transfer a home, by will, deed and otherwise, and that is a decision which can matter. So can a decision as to who is on an account. In some cases, HOW your wife is on the deed (tenants in common vs. joint tenants) also matters and a lawyer can change that. A good decision on this involves getting some detailed financial and other information, so sit down with a lawyer to weigh the pros and cons and make the best choice.... Read More
These are the type decisions that make paying a lawyer $250 or so to do a will is far better than spending $50 to $100 on junk you find online (like... Read More

Can I loan someone money and tie up their life insurance as collateral?

Answered 14 years and 8 months ago by attorney David Goldman, Esq.   |   2 Answers   |  Legal Topics: Estate Planning
Yes, but you would probably have to transfer the ownership of his policy into your name until the debt was paid off.
Yes, but you would probably have to transfer the ownership of his policy into your name until the debt was paid off.

Do I have any legal say in my mothers estate if I am not the executor?

Answered 14 years and 8 months ago by attorney David Goldman, Esq.   |   3 Answers   |  Legal Topics: Estate Planning
Yes and no. You do have a right to information but typically no right to what choices the PR makes.
Yes and no. You do have a right to information but typically no right to what choices the PR makes.
Estate Planning
Georgia

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