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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 7
Do you have any Georgia Estate Planning questions page 7 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 can I get a levy judgment removed before I sell property?

Answered 14 years and 8 months ago by Glen Edward Ashman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
The time to have researched the title was before you listed the property, Giving the property to someone does not eliminate a lien. Either the money is owed or it isn't. Either way you need to hire a lawyer.
The time to have researched the title was before you listed the property, Giving the property to someone does not eliminate a lien. Either the... Read More

Who is required to take care of an estate if there was no will?

Answered 14 years and 8 months ago by Glen Edward Ashman (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Estate Planning
There is no requirement that a potential heir come forward to probate an estate.
There is no requirement that a potential heir come forward to probate an estate.

Is it possible to get my inheritance to pay for my brothers medical bills?

Answered 14 years and 8 months ago by attorney David Goldman, Esq.   |   2 Answers   |  Legal Topics: Estate Planning
If they will give it to you early, they are free to make a gift. They will need to file a gift tax return to the extent that the gift is over 13000 from each in a single year. On the other hand, you parents can pay for the bills directly and there is an unlimited amount they can give for medical as long as it is paid directly for a descendant (their child)... Read More
If they will give it to you early, they are free to make a gift. They will need to file a gift tax return to the extent that the gift is over 13000... Read More

How can we get our dads property if he didnt sign a will?

Answered 14 years and 8 months ago by attorney David Goldman, Esq.   |   2 Answers   |  Legal Topics: Estate Planning
You need to review the documents with an estate planning lawyer in Florida (assuming he lived there). She might have a right to the home, but the document she signed may serve as a post nuptial agreement and that may go to his children.
You need to review the documents with an estate planning lawyer in Florida (assuming he lived there). She might have a right to the home, but the... Read More

What do I do if someone wants to buy a property that was given to me from a will?

Answered 14 years and 8 months ago by Tammy Brasuell Gattis (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Estate Planning
Probably have to continue to pay.
Probably have to continue to pay.

How can I legally handle my mothers affairs in estate planning?

Answered 14 years and 8 months ago by Jeremiah D Raxter (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Estate Planning
Your siblings can not give you that authority. From the facts it appears that you will have to seek to be a conservator. Good luck, and I wish you the best.
Your siblings can not give you that authority. From the facts it appears that you will have to seek to be a conservator. Good luck, and I wish you... Read More

How do I file my grandmothers will?

Answered 14 years and 8 months ago by attorney David Goldman, Esq.   |   2 Answers   |  Legal Topics: Estate Planning
You file it with the county courthouse. See the probate handbook link
You file it with the county courthouse. See the probate handbook link

How do I file my grandmothers will?

Answered 14 years and 8 months ago by Glen Edward Ashman (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Estate Planning
You say you have a copy. A copy is meaningless. If you have the original, and there is no estate to speak of, bring it to the Probate Court and tell them you do NOT want to probate it but want them to have it in case anyone shows up to probate it.
You say you have a copy. A copy is meaningless. If you have the original, and there is no estate to speak of, bring it to the Probate Court and... Read More

What do I need to do to give property over to someone else?

Answered 14 years and 8 months ago by Shadi Ala'i AlaiShaffer (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Estate Planning
Why are you having trouble finding an attorney? That is odd. You need a legal document that clearly states what you are inheriting and that you are freely giving up your right to this asset/inheritance, etc.... I suggest you get this document notarized. I highly suggest you seek legal assistance with this as you want to make sure you do it properly and that the transfer is legally valid.... Read More
Why are you having trouble finding an attorney? That is odd. You need a legal document that clearly states what you are inheriting and that you are... Read More

Is it legal to change an ill persons will?

Answered 14 years and 8 months ago by Shadi Ala'i AlaiShaffer (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Estate Planning
It is difficult to say. They may be a claim of Elder Abuse but you really need to seek the advice of an attorney. The only way an attorney can advise you is based on the facts, documents, and other information you provide. This is a tough one but I suggest you get a consultation from an Estate Planning Attorney and see what your options are....... Read More
It is difficult to say. They may be a claim of Elder Abuse but you really need to seek the advice of an attorney. The only way an attorney can... Read More

What happens if I dont want my inheritance?

Answered 14 years and 8 months ago by attorney David Goldman, Esq.   |   4 Answers   |  Legal Topics: Estate Planning
You can do a disclaimer, but in Florida that would only pass the mess to your children. Another option might be a Quit Claim Deed to on or all of the others. If there is a formal administration being done it can be dealt with inside of the probate as long as everyone consents
You can do a disclaimer, but in Florida that would only pass the mess to your children. Another option might be a Quit Claim Deed to on or all of... Read More

What are my legal rights as an executor of my parents will?

Answered 14 years and 8 months ago by Shadi Ala'i AlaiShaffer (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Estate Planning
Depends on the terms of the Will. You need to seek legal advice and hire an attorney to advise you properly. You may not have the right to keep the home and your sibling may have the right to request a sale so that he or she can get their portion of the estate/Will.
Depends on the terms of the Will. You need to seek legal advice and hire an attorney to advise you properly. You may not have the right to keep the... Read More

What are the laws regarding estate planning and how do I make my will legally binding?

Answered 14 years and 8 months ago by Theodore W. Robinson (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Estate Planning
Yes, it can be done withwhat's known as a "Life Estate" whichyou would give to him for the term of his lifetime and, then, upon his death, it would go to your granddaughter - just as you wish. Speak to an experiencedestate attorney aboutsetting up a Will that will do just that for you. It's a pretty normal Will, but it will take a little more work to do than a normal Will, but it's worth it if you get to do what you want with your home. Good luck.... Read More
Yes, it can be done withwhat's known as a "Life Estate" whichyou would give to him for the term of his lifetime and, then, upon his death, it would... Read More

What are the legal rights of an executrix of a will.

Answered 14 years and 8 months ago by attorney David Goldman, Esq.   |   2 Answers   |  Legal Topics: Estate Planning
Until the named person in the will is appointed by the court to serve as the PR, they have no rights
Until the named person in the will is appointed by the court to serve as the PR, they have no rights

What Can I Do if My Sister Has Power of Attorney and It Is Impacting My Fathers Care?

Answered 14 years and 8 months ago by Theodore W. Robinson (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Estate Planning
Speak to a local attorney and ask about being appointed his Guardian, which may "trump" her Power of Attorney given the circumstances. Good luck.
Speak to a local attorney and ask about being appointed his Guardian, which may "trump" her Power of Attorney given the circumstances. Good luck.

Do I have the right to see my adopted mother's will?

Answered 14 years and 9 months ago by Glen Edward Ashman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
An adopted child has the same rights as a natural born child. If you suspect something was done improperly, see a lawyer. A will would have been probated in Probate Court. That is a public record. Anyone - you included - can go see it. Additionally, if she died before you were 18, you may have additional rights.... Read More
An adopted child has the same rights as a natural born child. If you suspect something was done improperly, see a lawyer. A will would have been... Read More

Where can I find a retired estate planning attorney's records?

Answered 14 years and 9 months ago by Glen Edward Ashman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
There may not be any records to find. Most attorneys do not maintain records more than a few years, and when lawyers retire, often they will shred everything (or their heirs will after the lawyer dies). If the lawyer is living, call the state bar to get his address and ask. If he was in a firm, also ask others in the firm.... Read More
There may not be any records to find. Most attorneys do not maintain records more than a few years, and when lawyers retire, often they will shred... Read More

What can we do if my mother left my step dad a life estate?

Answered 14 years and 9 months ago by Glen Edward Ashman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
I would suggest that you see a lawyer today. Without reading the actual language of the documents, there is no way to answer you.
I would suggest that you see a lawyer today. Without reading the actual language of the documents, there is no way to answer you.

If the beneficiary of life insurance is passed where does the money go?

Answered 14 years and 9 months ago by attorney Brian Chew   |   3 Answers   |  Legal Topics: Estate Planning
Yes, if the beneficiary of a life insurance policy passes away it the money will revert to the estate of the insured (not the beneficiary).
Yes, if the beneficiary of a life insurance policy passes away it the money will revert to the estate of the insured (not the beneficiary).

What do I do if someone calls and says I have an inheritance?

Answered 14 years and 9 months ago by Theodore W. Robinson (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Estate Planning
Yes, if you don't know the person, it is very likely that it is a scam and all they wantinitially is your ID. Then, once they get that, they'll ask for just a few bucks and then the amount will increase until they suddenly disappear.If you don't know who the person was who died and don't know why they contacted you, stay away from it.Remember if it looks, sounds and smells too good to be true - you're right! Good luck.... Read More
Yes, if you don't know the person, it is very likely that it is a scam and all they wantinitially is your ID. Then, once they get that, they'll ask... Read More

How can I get my fathers security deposit back from his apartment after he died?

Answered 14 years and 9 months ago by Eric C. Lewis (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Estate Planning
Even without a will, to get assets there has to be a probate estate. If he didn't have many assets, in many states this can be done by affidavit that you are the heir (or list all appropriate heirs under intestacy) and are entitled to cash a check made out to the Estate of your father.
Even without a will, to get assets there has to be a probate estate. If he didn't have many assets, in many states this can be done by affidavit... Read More

How do I request financials for my grandmothers estate?

Answered 14 years and 9 months ago by Theodore W. Robinson (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Estate Planning
Contact a lawyer right away. What you describe doesn't sound good to me.As a shareholder, you are entitled to review the books and financial records. If they won't offer them after receiving a lawyer's letter, then you may have to go to court to see what's going on and perhaps take over the whole thing yourself. You'll need a lawyer to do all that. Good luck.... Read More
Contact a lawyer right away. What you describe doesn't sound good to me.As a shareholder, you are entitled to review the books and financial... Read More

What can we do in our will and probate situation?

Answered 14 years and 9 months ago by Shadi Ala'i AlaiShaffer (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Estate Planning
No, he cannot. If the documents you have are in fact legal and valid then your Husband has the authority to act as Agent. You may want to seek legal advice to make sure this doesn't become a bigger problem.
No, he cannot. If the documents you have are in fact legal and valid then your Husband has the authority to act as Agent. You may want to seek legal... Read More

How can I find out if my father had a will?

Answered 14 years and 9 months ago by Mr. William Michael Reed (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Estate Planning
I take it that you are not on friendly terms with the widow. In a conflict situation, you may file an intestate probate proceeding, take her testimony under oath, and publish notice in the local newspaper. If it is discovered, it can be filed with the court.
I take it that you are not on friendly terms with the widow. In a conflict situation, you may file an intestate probate proceeding, take her... Read More

How should I draw up my wills?

Answered 14 years and 9 months ago by Glen Edward Ashman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
The best way to make sure your wishes are not followed is to write something yourself. The best way to protect assets is to see a lawyer. In some cases you may use things other than a will to transfer some assets, such as deeds retaining life estates, joint tenancies, trusts, etc. The will that predates your divorce is an immediate problem, so do not wait to have it redone.... Read More
The best way to make sure your wishes are not followed is to write something yourself. The best way to protect assets is to see a lawyer. In some... Read More
Estate Planning
Georgia

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