Probate Legal Questions

Please accept my condolences on the loss of your father.   As for your question, your father's girlfriend was entitled to take her own possesions out of their home, although you are correct in that she was not supposed to take anything that was not hers. One problem that comes up, however, with personal property items like furniture, jewelry, clothing, electronics, and other household items is proving who something belongs to. In general, in Georgia, if an item was customarily used only by one person, then it's likely fair to assume that it belongs to that person, and if a person paid for all of a given item and also used it, then it's usually assumed that the person was the owner of that item unless there is some good reason to think that he intended it to be a gift to another person. But it's common for there to be disputes over who actually owns items like this, and there aren't easy ways to provie title for assets that don't have title documents, deeds, or accounts associated with them.   It is highly unlikely that you'll be able to have your father's girlfriend arrested or prosecuted for taking any of his personal property items. Even if you could prove that an item actually did belong to your father (which is difficult or impossible in many cases), the police and the criminal courts generally do not want to get involved in this kind of dispute. However, the Executor of the estate may be able to petition the probate court to have her return certain items, and the court may be able to order her to do so. You might then be able to get a sheriff to enforce the judgment if she is unwillling to turn over the property voluntarily. Please note, however: all of this costs money. Unless she took something of great financial value, or unless you are willing to spend money to recover items of great sentimental value, the overall best course of action may be to take less extreme measures, if any, to try to get the items back. You could start by having the Executor's attorney send a demand letter to her (or to her attorney, if she has hired an attorney regarding the estate). If you can list specific items that you want returned instead of just stating that you want your dad's property back, it may help. The attorney can also help the Executor figure out whether it's really worth taking additional steps to pursue the items if the demand letter is not successful.   Best wishes to you.  ... Read More

The Attorney losing the file may be malpractice by the attorney. With regard to the will your sister has, if it is reasonably fair to your interests, you should probably support it as probate is expensive and contested probate is REALLY expensive. Once can argue the will your sister has is the right one because there are no others. But one can also argue the non-existence was to get rid of a will that someone did not want- it can get complicated. Remember, if you and your sister are the sole heirs and you get along, you can agree between yourselves if there are certain items you want. Depends on how well the two of you get along. ... Read More

You could use a revocable trust, along with some beneficiary designations on your accounts, to try to avoid the need for your son to have to offer your Will for probate after your death. Whether you really need to do so, or whether you really want to take on the time and expense to create and fund the revocable trust (including retitling your home to the trust after the trust has been set up and reapplying for the homestead exemption after you've done that retitling), is a different question. And note: Probate in Georgia, with a well-drafted, correctly-executed Will and only one adult child, is not normally difficult or expensive. It is the administration of an estate or trust that take time, and you won't remove the need for administration even if you remove the need for probate.   Get an estate planning consultation with an experienced estate planning attorney. The attorney can discuss your concerns and your options with you, and the attorney can then help you set up whatever documents you decide to use. You won't be able to get the kind of planning help you need in this kind of forum, however- there's just no way for anyone to learn enough about you and your situation to give you real advice about what is best for you.  ... Read More

Please accept my condolences on your loss.   As for your question, if the deceased gentleman had a valid Will under which he left you something, then yes, you should have the right to receive the bequest. You will need to offer the Will for probate in the appropriate county. If his children have already opened his estate for administration (which it sounds like has happened if they have already sold the house), then you will need to HURRY. Find an attorney who helps with fiduciary litigation and probate matters, show that attorney the Will, and discuss the situation with the attorney. The attorney can then give you a better idea of what options you may have and what it may cost you to pursue them.  ... Read More

The process is simple, but gathering the necessary information might be difficult. Someone, presumably an heir, needs to apply to be appointed Administrator of the deceased person who owns the property. This means the person in whose name the real estate records indicate the owner is. If there are heirs who have died, the court will need to appoint a guardian ad litem to represent that deceased person's estate.  This is where the information gathering process gets very complicated.  The fact that your grandmother has been paying taxes relates to her ability to be repaid what she paid. It does not necessarily make her the owner.  You need an attorney specializing in probate work to get through this process.... Read More

Please give my condolences to your stepkids on the loss of their grandfather.   If he had no Will and there are no living children, then your stepkids will need to figure out whether there is anything in his estate and, if so, they will need to decide whether they want or need to open the estate for administration. They should try to gather as much information as they can about what he may have owned and what debts, if any, he may have had. If there is real estate, then they really do need to try to deal with the estate in some fashion. If not, then they may have the option of walking away if it looks like there isn't much there. They really should get a consultation with a probate attorney- opening an estate for administration and dealing with it is not necessarily that difficult a process, but it is one that has potential pitfalls, and having the assistance of an experienced probate attorney can be very helpful.  ... Read More

It's not clear to me whether your sister ever even actually got appointed as the executor of either of your parents' estates. Just because they may have had Wills nominating her does not make her the executor, and in a case like the one you're describing, where nothing else appears to have been done, she may well not have even offered either Will for probate.   You need to consult an attorney who can help with contested estates (look for one who handles fiduciary litigation as well as probate matters). The attorney can speak with you and try to figure out more about what has been done so far and then help you figure out what your options are. Unfortunately, this kind of situation is not one that can really be addressed in an online forum like this.  ... Read More

It all depends on how title was held.  If it was held as joint tenants, then you now own the property all by yourself.  If it was held as tenants in common, or if it was silent, then the beneficiaries of their estate become partners with you.  I would need to see exactly how title was held in order to give you better advice.... Read More

Hi, You are now responsible for protecting the assets of the trust for the trust's beneficiaries.  You need to pay the insurance, taxes, mortgages, utilites, etc.  You probably have the right to sell the homes as well.  I would need to see the trust to give you better adivce.... Read More

Anyone who dies without a will in PA, may have their assets distributed through probate under intestacy laws.  Those laws govern distribution.  You will have to open an estate and proceed from there. I trust this answers your questions and, if you live in the Delaware Valley, feel free to call or email on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com ... Read More

I am sorry for your loss.  You have not asked a question, but I assume you want to know what to do with his belongings and property.  If his belongings are in a trust that he created, the terms of the trust control.  If there is a will, or there is no will, you will have to go to probate court, unless it is a very small estate.  I will need more information in order to help you.... Read More

While a will can be less than a signed writing with witnesses, remember what the point of a will is: to see your property devised as you wish. So might a court accept the will without notarization and witnesses? Yes. But it might be after others contest the document and convincing the court of its authenticity and that it is a will the court can give legal effect. Sometimes the $200 you save on the lawyer now can cost you lot in the future.  ... Read More

If it's a true tenancy in common, which is likely given the number of owners, on the death of a co-owner his or her share does not pass to the remaining owners but passes to the deceased person's heirs.  If there is a will, it would control who those heirs would be.  If there was no will - i.e. intestacy - the share passes to the heirs at law, which would include the deceased's children.... Read More

There is no specific timeframe for the administration of an estate. It really depends on what kind of issues have arisen in the probate. For example, there might be contested creditors' claims or other controversies, big and small. I would say the time line you describe is not unduly long, but you should certainly be able to receive a copy of the inventory and any interim accountings.... Read More

This is a very fact-based sitatuon and I would recommed you contacting an attorney as soon as you can.  Your individual rights to anything (documents, property, etc.) can depend on many factors which can't be appropriately addressed in this sort of forum or without knowing more of the facts. ... Read More

Most likely two wills were made. Your mother had her will, and your father had his will.  Usually a will can be revoked and changed whenever desired.  However, sometimes it can be argued that one's will was made on reliance of the terms of one's spouse's will; and, therefore, the wills cannot be changed.  More facts are needed, and the wills need to be reviewed.... Read More