Probate Legal Questions

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 More

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 More

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 More

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 More

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 More

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 More

Submit your mother's Will to probate or, if there was no Will, apply for a determination of heirs.  When the Court appoints you executor or her Will or administrator of her estate, bring an action for wrongful detainer (eviction) in small claims or justice of the peace court and hire the sheriff to put your cousin and his belongings on the curb.... Read More

You and your sister are your father's survivors but not your stepmother's.  You are not the heir to your stepmother and lacked legal authority to put the deed to her property in your name.  Keeping up the property and paying the taxes gives you no rights of ownership.  You may think that there are no heirs but it is more likely that they are too distant for you to have become acquainted with them.  You have no right to the property and no right to sell it.  Any title company worth its salt will discover this if you try.  ... Read More

Your description does not give the date on which the Court appointed your sister executor.  A number of months after her appointment (it varies from state to state), any beneficiary is permitted to demand an accounting.  If that accounting shows wastage of the estate (by not collecting rent and by not promptly selling the house), you can ask for the executor to be replaced, evict the squatters and sell the house.  Please consult a local probate attorney.... Read More

A quit claim deed does not pass title.  A power of attorney expires with the person.  Based on your description, someone should hire a local probate attorney to help them file an application for determination of heirship and appointment of an administrator of the estate.  After paying your mother's debts, that person (probably you or your brother) can distribute the remainder.  It may be that the house and the money are of equal value after all is said and done.... Read More