Georgia Probate Legal Questions

If the Will was properly filed for informational purposes with Fulton County, someone else can seek to offer it for probate and get appointed as the Executor or as an Administrator with Will Annexed (depending on whether the person offering the Will for probate is an appointed successor Executor or not). Someone can also file a petition asking the Court to force the person in possession of the Will to produce it, if it hasn't even been filed with the county for informational purposes. These are litigation tactics and whoever takes them on should find a competent estate litigation attorney to help.... Read More

No.  The reasons for counsel to withdraw are numerous.  Sometimes it has to do with nonpayment of a bill. Sometimes it has to do with a difference of opinion about the merits of a case.  Sometimes it has to do with a different trial strategy.  Sometimes it is just because the two people grow to not like or trust each other.  The reasons are too numerous to list them all.  Regardless, the reason for withdrawing from a case stays between the lawyer and his client.... Read More

It means that you agree with the petition.  What that means is that you are in agreement that everything listed on Exhibit A to the Petition can be given to the surviving spouse or minor child.  If you disagreement with the list of assets to be awarded, you need to not sign the consent and instead, file an objection.  This petitoin for year's supprot overrides a will and transfers the requested assets before the estate is administered.... Read More

Please accept my condolences on your terrible loss. Losing both parents so closely together must be horrible; having that loss compounded by someone else's actions with regard to their estates must make that even worse. Unfortunately, I didn't get enough information to know what your question is, or what the status of your parents estates is, so all I can do here is try to give you some general information that I think addresses the issue you're dealing with. If there has been an executor appointed for each estate, and that executor is doing things that you think are improper, then you have some options. None of them are necessarily simple or inexpensive, however. I assume the executor has not responded to your expressed concerns. The next step would be for you to hire an attorney and have the attorney express your concerns to the executor (or, if there really isn't a problem, to help you understand how the process is supposed to work, and why things appear to be okay to the attorney). If the executor's actions really are improper, then you can petition the probate court to force the executor to provide more information or take appropriate corrective actions. You can also try to have the executor removed and a new one appointed. Most of those actions will generally require you to have an attorney's help in order for you to succeed. You will have to pay for your attorney up front. However, if there really is wrongdoing going on, and you succeed in having the executor removed, you may be able to have the estate reimburse you for the cost of your attorney's fees.... Read More

Your son has a mess on his hands, I'm sorry to say. If his grandmother died without a Will, and if your son's father was the only heir to his mother, and if his father also died without a Will and the son was the only heir, then the title to the property may have passed to your son. He will still need to clear title, but he may be able to do this without opening either estate. However, if either the grandmother or the father had any unpaid debts, then the property may well be subject to those debts (including your back child support debt), and he may not be able to get clear title without opening and administering the estates (both of them). Also, if the grandmother had a Will, then the waters are muddied. Same thing if the father does have a Will. Effectively, the existence of a Will at either level interferes with the transfer of title by intestacy law, because if a deceased person has a Will, the intestacy rules do not apply and the property is likely stuck in someone's estate until that estate is administered. The Wills could have also transferred the property to someone outside of the heirs chain, which could prevent it from coming to your son at all. Your son needs to get a consultation with an actual attorney in person. He also needs to dig up as much information as possible to see whether there might be any Wills out there, as well as proof that his father would have been his grandmother's only heir and proof that he would be his father's only heir. Then he can find out what his options are. As for your debt for back child support, it would be a claim against the father's estate, but if the house is foreclosed on for property taxes any sales proceeds above that amount would likely be required to be paid to the estate of the owner. That means you wouldn't get paid directly; instead, someone would still need to open the father's estate and, possibly, the grandmother's estate, too.    ... Read More

My condolences on the loss of your father. Unfortunately, there is not a set legal definition of "household items." It's one of those things that is best defined by the Will that makes the bequest. But, I assume from your question that the Will does not provide a clear definition. In that case, if everyone involved can agree what it means, then that's what it means, within reason. If not everyone can agree what it means, and the Will doesn't define it, then the next step is to try to figure out what reasonably was intended. If I said "household items," I would likely mean things associated with the operation of a residence, which could reasonably include furniture (indoor and outdoor furniture used on a patio or porch attached to the house), kitchen appliances and utensils, linens (towels, sheets, etc.), and perhaps decorative items and other knick-knacks like artwork used in the house, clocks (wall or otherwise), shelves, and pot racks. I might tend to think the term should not include major appliances that are used in the house, like a refrigerator, stove, dishwasher, or laundry machines, and I likely would assume it did NOT include clothing, shoes, jewelry, and other personal-use items. But these are my opinions, it boils down to what the family can agree on. Best wishes to you. I hope you can work it out.... Read More

You should start by contacting the probate court in the county where your parents lived to see whether anything was ever offered for probate or whether any estates were opened. You can also check to see what the current deed to the house says about who owns it. If no estate was ever opened, and if the house is in either of your parents' names, then you may be able to seek appointment as administrator of the estate. That will force your sister to do something if she wants to keep on doing what she's doing, and you can find out more information about what she claims happened when your parents died. As for the bank account, if your sister was able to close the account without opening an estate (remember, for now, however, we don't know whether there is an estate until you have checked with the relevant probate court), then there is a possibility that she was listed on it as an owner. In that case, Georgia law would assume that your parents meant for all that money to be hers, and legally, it would be. But you should start by looking into whether there was ever an estate opened. You really should consult an estate litigator for help with this sort of matter. It sounds like it's past the point at which a non-litigator can help much, although there would be some steps that you could take without a litigation attorney's involvement.    ... Read More

It sounds like your fiance is trying to give you a life estate in his house. A correctly written Will can give you a life estate. A life estate means that you get the right to use the house as long as you live. You are responsible for the insurance, maintenance, repairs, property taxes, etc. as long as you are still living. At your death, the property would then automatically pass to the remainder beneficiaries named by your fiance. His children would not legally be able to make you move out of the property, unless you stopped taking care of and paying the expenses. If you allowed it to go into disrepair, stopped paying taxes on it, or otherwise caused the property to be damaged or potentially lost, they could sue to terminate your life estate for your creating "waste." However, it is very easy for a badly-drafted Will to incorrectly try to create a life estate, and fail. That can create major problems for both you and the intended remainder beneficiaries. It might even result in the children being able to make you move out. It would be better if he either (1) left you the property outright and gave other assets to his children (like life insurance), or (2) had his Will create a trust to hold the house and some liquid assets to pay the expenses. A trust is still difficult to draft correctly, but done right they can work better than a life estate. If he is willing to consult an experienced estate planning attorney for a review of his existing Will and make any changes that may be needed or desirable, then that's not a bad idea.... Read More

It's called a "quit claim" deed, not a quick claim, by the way, because the person signing it is giving up (quitting) his or her claim to the real estate involved. If your mother is receiving Medicaid or SSI, or some similar, needs-tested benefits, then yes, signing a quit claim deed can seriously affect her eligibility because she is giving away an asset to which she would otherwise be entitled. Before she signs anything, she should consult her own attorney; preferably an elder law attorney who is knowledgeable about the particular benefits she is receiving.  ... Read More

As a client, you are legally entitled to your files in most cases, either the original or a copy. You may have to pay some reasonable charges associated with getting the files to you, but you should be able to get the file. The attorney who retired may also have made plans with another firm or attorney to take over his files, which may mean you have to contact that firm or attorney to get the files. But you are still entitled to them.... Read More

No, there is not a standard form for that purpose. You would need to draft the appropriate form. Ideally, have an experienced estate litigator help you with that. If fees are a significant concern for you, you may also be able to get some help through the Probate Information Clinic at the DeKalb County Probate Court. It is staffed by volunteer attorneys who try to help people with probate court matters in DeKalb County. You need an appointment for the PIC. You can contact the DeKalb Probate Court directly for more information about that.... Read More

If you adopted your granddaughter she will normally be considered your daughter now for all purposes, and you should be able to make a Will and appoint a guardian for her. The tricky part in your case is whether her biological parents' rights were terminated completely enough to prevent custody from reverting to her. You may not be able to control that. So, while getting a well-drafted, properly executed Will in place is the right place to begin, it may not be all that is necessary to ensure that your choice for guardian actually is the person allowed to take custody of her. My suggestion is to find an estate planning attorney who is familiar with adoption laws, especially in intra-family adoptions (where you adopt a grandchild, as in this case), and have the attorney help you figure out what you can do and take the appropriate steps as well as you can.... Read More

If the Will has already been admitted to probate and an executor appointed, you can't contest the Will. However, what you can do is take steps to ensure that the executor is doing his or her job correctly and, if necessary, you can try to have the executor removed and someone else appointed.  If it's a Georgia estate, you will need an attorney licensed in Georgia. Your residence in Pennsylvania should not be a problem; most attorneys are perfectly capable of working with a client located in another state on estate matters. For the situation you describe, you should find an attorney who works with estate and probate matters and that does dispute resolution work. You may need full-blown litigation, so you might want to focus on attorneys who have that experience. Find an attorney and contact the attorney's office to schedule a consultation. The attorney should be able to give you a better idea of what to expect and whether you have a case worth pursuing after you've had the consultation.  ... Read More

I am very sorry for your loss. I can't quite understand what your question is, but I hope this will help some: Your mother's Will done in Indiana should still be valid, if she never revoked it or did a new Will. If you (or the appointed Executor) can find the original, then it may well be admissible to probate in Georgia, in the county where she had her new principal residence. I can't say for sure if it would be without seeing it, but if it was properly executed under Illinois law and was valid when she signed it, then most likely there is going to be some way to have it probated in Georgia. The appointed Executor should ideally consult an attorney for help figuring out what needs to be done and the best way to proceed, because it can be tricky. If the original Will can't be found, then it gets much more difficult to probate anything, because probating a copy of a Will is theoretically possible under the right circumstances, but is certainly not a given. Again, the help of an experienced probate attorney can be very valuable. One possibility, however, is that your mother is deemed to have revoked the Will by destroying it, and then to have died with no Will. So, first step is find the original Will, if you can. Then, ideally, consult an attorney to see what should be done next. And remember, joint ownership with rights of survivorship (which applies to most joint bank and brokerage and some, but not all, jointly-owned real estate) and beneficiary designations, payable on death, and transfer on death designations all override the Will. That means going through her assets to see how everything was owned and whether beneficiary designations or rights of survivorship apply is also critical. Best wishes to you.... Read More

There is not a set answer to this question. It depends on a number of factors. I have offered a Will for probate and administered an estate where the deceased passed away 9 years earlier and nothing had been done. However, if things have been done that having the Will admitted to probate would negatively affect, then there may be a problem if it's been too long, and too long can be less than 9 years. Please note, however: a little-known fact of Georgia law is that a person who has a deceased person's original Will in his possession is required by law to turn the original Will over to the appropriate probate court within a "reasonable" period after they learn of the person's death. They don't have to offer it for probate, but turning it over to the court helps ensure that someone else can offer it for probate, if needed. So if the original is still being held, someone should let the holding party know that this is actually a potential criminal offense, and have them turn the original Will over to the probate court. And, if there is a need for probate (which would require an actual consultation for an attorney to be able to tell), then the Will may still be probate-able.... Read More

I have no idea why you would have given your ex-husband's Will to the GBI, but if you are certain that you did then you may need to hire an estate litigator (note: I am not a litigator, but there are many fine estate litigators on this website) and go to the probate court of the county where your ex-husband had his primary residence at the time of his death. Petition the probate court to have the GBI agent in question forced to produce the Will. It is against state law for someone who has possession of a deceased person's original Will not to turn the Will over to the appropriate probate court within a "reasonable time" after the person's death. Seven years is well beyond reasonable. As for your mother-in-law, if your ex-husband died his accounts should have been frozen if he was the only owner. If he named someone else as a joint owner or as a beneficiary on the accounts, however, then they became hers at his death and his Will has nothing to do about it. So it may be fine that the mother-in-law is spending his funds. Whoever gets appointed as executor of the estate should look into that.... Read More

If it is a Georgia estate, you are not legally required to formally close the estate. If you decide not to, then as a courtesy the Executor should at least send the probate court a letter stating that he or she has completed the estate administration, but does not intend to file any Petition for Discharge. That does not close the estate, which can make it easier to deal with unknown assets that might show up, but does not protect the Executor against claims regarding the estate. If there are unpaid creditors, or if the Executor was required to post a bond or file inventories and reports with the probate court, then the Executor should consider filing a Petition for Discharge. In that filing, the Executor should also request discharge from future liability with regard to the estate. That formally closes the estate once the Petition has been granted, and can help protect the Executor. I cannot advise anyone through this kind of forum as to whether filing or not filing a Petition for Discharge is a good idea, because I have to know all of the relevant underlying facts. If the Executor needs help determining whether to file or not, he or she should consult a good probate attorney who can then take a look at everything and help the Executor consider the options and risks.... Read More

I assume you mean that the family believes the decedent (not the descendant) owned annuities, savings, and investments. If my assumption is correct, the first step towards finding out who the beneficiary is, and whether there is a beneficiary designated, is to contact each institution where an account is held and the issuer of each annuity. Someone needs to notify each company that the owner is deceased and provide a death certificate, if asked. If there is a beneficiary designated, then the company will normally try to contact the beneficiary directly, using the information they have on file. If there is not a beneficiary designated, then the company will likely tell the person who contacted them about the owner's death that someone needs to get Letters Testamentary before the account or annuity can be dealt with. In that case, the owner's estate is now the owner of that account or annuity, and someone will need to open the probate estate and get appointed as the administrator (because you said there is no Will--if there had been a Will, it would be the executor) to handle things. The account or annuity that becomes part of the owner's probate estate then needs to be used to pay any debts and taxes owed by the deceased person, and any administrative expenses and taxes that are associated with the estate administration (including funeral expenses for the decedent). If there are assets left over after all those items are addressed, the beneficiaries of the estate will be the deceased owner's heirs, as determined by state law. If the deceased was a resident of Georgia, the heirs will be the spouse, if the deceased was married, and any children. If a child predeceased, that child's children take the child's place in line. If no spouse and no children or other descendants of the deceased exist, then the deceased's parents are the heirs. If no parent, the siblings, and so on. If anyone has questions, it is best to consult an attorney.... Read More

You can obtain a copy of any probated Will and other documents in the court file from the Probate Court where the Will was probated. You should have been given one as an heir, but if you can't get the executor to provide one then you can get it from the court by calling them and paying for copies. You may need to petition to have the executor give an accounting or to have her removed, if she's not doing her job correctly. If the Will wasn't ever admitted to probate at all, you can have the probate court force the person who is doing things with estate assets return the assets and pay damages. You may also be able to offer the Will for probate and get appointed yourself. However, any of these actions other than obtaining a copy of the Will are fairly involved, and I'd strongly recommend you find a very experienced litigator who specializes in fiduicary litigation (estates and trusts). It likely won't be cheap, either. If your case is well-grounded and you succeed, you may get your legal fees back, but you might not. Get a consultation with a good fiduciary litigator and see whether it's worth it to you to pursue the matter. Best wishes.... Read More

You should be able to try to challenge the Will, if you haven't already signed something consenting to have that purportedly bad Will admitted to probate. You might also be able to file a year's support claim, if your husband and you both live in Georgia. But if you want to do anything, you should contact an estate litigation attorney as soon as you possibly can. Timing can be very strict in probate matters, and your deadlines to file objections can be very short. Be warned: litigation can be very expensive, too, and most estate litigation attorneys do not work on contingency. You also aren't guaranteed favorable results. You may also find out that the debt you mention is an obligation of the estate, and if that is the case you may at least have some recourse there. Best wishes to you. It sounds like a terrible situation, and I'm sorry that you're having to deal with all that on top of the loss of your husband.... Read More