Georgia Estate Planning Legal Questions

It depends upon who has their name on the title to the mobile home - regardless of who paid the mortgage on it. He, nonetheless, may have a claim to part of the home if he paid substantial money towards it under and equitable trust claim. Speak to a lawyer about this matter before going further. Good luck.... Read More

Unfortunately without a living trust owning the properties owned by your grandfather, your Mother will not be able to sell or distribute the properties until she is officially appointed as the executor by a probate court. It is too late for a trust to be created. She should probably consult with an attorney to have the probate opened. Once she is appointed executor she can sell the properties but if there are other owners she may would have to go to to court again in order to force the sale.... Read More

Your son is primarily entitled to the 401k plan. The sister has apparently been named the Administrator of the Estate and it's her job to work all that out and report to the Court what she intends to do with the estate. You, as the Guardian of your son, should be given a full accounting of the Estate and be asked to sign off on it if it makes sense and if your son is still a minor. Good luck.... Read More

What is fair is what everyone can agree upon. I agree with you that since the price of gold has risen, they should pay the higher price. However, if they won't do that and you really want out, then you don't have much choice in the matter and you may be forced to accept the original figure. Remember, gold prices can come down too without much notice to anyone. I suggest you discuss it with them and try to arrive at a middle figure somewhere in between the two prices. You may need an attorney to negotiate it for you. Good luck.... Read More

It's not fraud until she passes and the money doesn't get paid and even then,the intention to defraud would have to be proven to justify such a conclusion. While I don't condone such actions, it appears that she and the boyfriend are intent upon doing what they're doing and that's about the end of it. If the credit card company wants to go after the estate, then they can do so. Otherwise, it might be best to leave it alone - with all due respect. Good luck.... Read More

Your sister has a "Right of Election" which means she can "elect" against the Will to the extent of 1/3 plus $50,000. or 1/2 if there is only one child plus $50,000. However, if there is an insurance policy, the named beneficiaries receive the proceeds of that, since it passes outside of the Estate. The best advice is for her to immediately consult with a qualified Estate lawyer local to her and follow through with asserting her claims against the Estate. That will usually result in some negotiations between her and the prior children and a settlement will most likely result. Of course, there can be other difficulties with the title on all the properties which would also pass outside the Estate if they were in joint names. If the other estate was not probated, then it may have to go through his estate. Good luck.... Read More

Rather than give your home to your kids, you may want to consider having an irrevocable trust drafted on your behalf and place your home into the trust. Your children can be made to be the trustees of the trust. While they will be in charge of the house, you may retain certain right to the home. Also, if the receive the house after you pass from the trust, they will likely not have to pay any taxes when they sell the house. However if you give them the house, they ma have to pay a capital gains tax on any profit made from the sale of the house. The profit from the sale will be determined by home much the home sold for less how much you paid for it when you originally bought it. Talk to a qualified attorney on how an irrevocable trust can help your situation.... Read More

You have a right to contest the Will once she is gone, but not before. However, if she is not of unsound mind and she wants to give her money to your sibling, that is her absolute right. Perhaps she has a different take on why she wants to give him more money than the rest of you and your siblings. The same holds true of the beneficiary status under the life insurance policy. No, you don't have to sign off on her Will. It's entirely her business and nobody else's what she does with her estate. Sorry. Good luck.... Read More