Probate Legal Questions

While an executor or administrator is not authorized to act before being formally appointed by the Court, lawyers commonly advise them to lock the house beforehand to prevent theft from the estate.  In this instance, you are the executor.  If you have been appointed from the Court, ask your probate lawyer to file a Motion for an Order to Show Cause or a Motion for a Turnover Order.  An Order to Show Cause orders the person to come into court to explain what cause they had to do what they did.  A Turnover Order orders someone to turn something over (in this case the locking mechanism).  While this fellow may eventually inherit, it is your duty to assemble the property, compile an inventory for the Court, pay the debts and distribute the rest.  This definitely includes accessing the property in the house and may include selling it to pay the debts. Your own property in the house is another question.  But once the Court's Order is in place, you should have access to it. All this legal work is a cost of the estate.  If the estate is small, having to do it may mean that you will have to sell the house.  The person who changed the locks might be apprised of this.... Read Answer

Your brother's car and clothes may be his only estate but he does have an estate.  In some states a DMV form can transfer it to his heirs at law.  While the auto lender generally will take back the car, if you are the only heir and have good credit, the auto lender may let you take over the loan.... Read Answer

You can find on the internet/google an "Affidavit for Collection of Personal Property."  You should complete the form and have his son sign the form.  Then the Son needs to sign also a Bill of Sale.  You can take both to California Department of Motor Vehicle and have the title transferred to you.  Bless you for taking care of his body!!  You're outstanding and you should remind the son that you did all of those things for your father.... Read Answer

Please accept my condolences on the loss of your grandfather. In order to find out what, if anything, has been filed in a probate court in Georgia, you can contact the court directly and ask them what you need to send in order to get a copy of the file. You will need to contact the probate court for the Georgia county in which your grandfather had his main residence, give them his name and the date of his death, and ask them if there is a probate file open for him. If there is, then ask them how much it would be to get a copy of the file and what you need to do to request one. Once you get that, you'll know what was filed, if anything. If it looks like someone forged your name, then you need to contact an attorney who works with estate litigation in Georgia and find out more about your options for dealing with that issue. However, if your grandfather owned most or all of his assets either jointly with others, as joint tenants with rights of survivorship, or if there were beneficiary designations on assets that he did not own jointly with someone else, then there may not be any probate file, as probate may not have been needed. And, even if there was a probate, there could be substantial assets that were owned jointly under a right of survivorship or that passed to others under beneficiary designations. This means that a probate file by itself may not give you a complete picture of what he owned and how it passed. If you really think you may have been a beneficiary or an heir, and if you aren't sure that your rights are being protected, then hire an attorney who works with probate matters. The attorney can give you your options and help make sure that you find out as much as you can about whatever rights and interests you might have. Best wishes to you.... Read Answer

You must apply to settle your father's estate as executor (if he had a Will) or administrator (if he did not) and transfer the title to whom he named in the Will or to his heirs at law (including your siblings, if any).  If he left little more than the house, you may be able to do this using a Small Estate Affidavit.  Discuss the details with a local probate lawyer.... Read Answer

You will need to provide more information. Now that your sister has passed away, it is necessary to know of she left a will or whether she died before one. If there is no state the law Will probably assign her estate to her husband. Until her assets have not been distributef you can't buy out anyone. After the probate proceedings are finished it is a matter of property law. Additionally, if any debts were left that must be paid first.... Read Answer

Do not sign.  First, there is no reason for you to quit your claim to the property.  Second, your aunt is sorely mistaken if she thinks that a quit claim deed transfers title.  It does not.  It merely quits your claim to someone else's property, such as a neighbor's driveway you have been using for years.  Contact a local probate attorney about filing for an heirship determination to preserve your rights.... Read Answer

Yes, any Will should have two witnesses who will not inherit and attach a signed, witnessed and notarized Self-Proving Affidavit.  Be careful.  Most handwritten Wills fail because they leave something out, something you may not have thought of but a lawyer would.  One example raised by your description is the need to have a successor executor (or two) in case your brother is unable or unwilling to serve.... Read Answer