Lisa Glauber Shippel's Answers

My husband died without a will, with some debts in his name only, no insurance and no estate.

I wanted to take this opportunity to post, simply to concur with Mr. Hughes and to let you know that his answer is on point and a good one. In many instances in Georgia, if there is more debt than assets, you don't have to administer or probate an estate. The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied. Lisa Glauber Shippel, Esq. Rolader & Shippel, P.C. 11660 Alpharetta Highway, Suite 630 Roswell,...

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Do you need a lawyer to file a durable P.O.A? Or fill out durable P.O.A.with witness & notary signature ?

In Georgia you need a durable power of attorney for financial matters and a Healthcare Directive for medical issues. The POA requires a witness and notary and the HD requires two witness signatures. The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied. Lisa Glauber Shippel, Esq. Rolader & Shippel, P.C. 11660 Alpharetta Highway, Suite 630 Roswell, GA 30076 770.442.0330 Lisa@RoladerandShippel.com

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What do I do if I have a half sibling that I never met and my father passed with no will?

First you must determine if there are assets that require Probate. If the assets pass to beneficiaries upon death then you won't have to worry about this. Then if there are probate assets, the attorney can help with a search and publish notice if your half sister is not found. Under Georgia Law, provided your mother is deceased, each child will inherit 1/3 of the assets of your father's estate. The foregoing is general information only, not specific legal advice. No attorney/client...

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Do the two Georgia properties that my mother owned with her siblings pass to me and my siblings after her death?

If the deed is Joint Tenants with the Right of Survivorship it passes outside the Will. Otherwise, your mother's share will be devised according to her Will which states her share will be split among you and your siblings. After filing for probate and receiving Letter's Testamentary you should have an Executor's Deed drafted to transfer her share to her children. If you have further questions you may contact me. The foregoing is general information only, not specific legal advice. No...

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What does "petition to probate will in solemn form" mean? I have to sign a document in front of a notary and I don't know why?

You are being asked to sign the Petition to Probate becuase you are an heir at law. By signing the acknowledgement you are consenting to his being appointed Executor. You may not be a beneficiary under the Will, but in Georgia you are most likely an heir at law becuase the Uncle/Executor needs your signature to proceed. If you need further help, you may reach me at lisa@roladerandrolader.com The foregoing is general information only, not specific legal advice. No attorney/client...

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My elderly mother owes irs more than what her life ins. will pay upon her death. Will irs take?

As a Georgia attorney, I will confirm the above response. Assets with beneficiaries listed pass "outside" the Estate and directly to the beneficiary. Lisa@RoladerandRolader.com The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied

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My dad put my step mother as executor, she hates me, she refuses to submit Will into Probate, Y? what can I do?

As an heir at law (child) you would file a Petition to Administer the estate in the county in which your father died. You don't need the Will to do so. In fact your are Petitioning as if there is no Will. Your step mother and siblings will be served, if they do not sign the Petition prior to your filing. This process will help move things along, however I suggest you start the process as soon as possible. If you need an attorney to assist you I will be available to do so. The foregoing...

Is it a conflict of my intrest for me to allow my seller which is a attorney to close 0n the house I am buying?

Since as purchaser, you are paying the attorney's fees, you should choose the attorney to handle the closing. In this case you are paying the seller/attorney to handle the work, however you do not have representation. If he is doing it for no attorney fee, you should at least pay an attorney to review the sales documents prior to the closing. I can help you with that if you need assistance. Good luck with your new home. The foregoing is general information only, not specific legal advice....

I am forced to put my rental house on the sale market. Can I break a tenants lease before it matures?

It depends on what the Lease says regarding termination. If you cannot terminate the Lease then you can negotiate an early termination with the Tenant or sell the property subject to the existing Lease. A prospective buyer may want the income from a Tenant. The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied. Lisa Glauber Shippel, Esq. Rolader & Shippel, P.C. 11660 Alpharetta Highway, Suite 630 Roswell,...

Can you help us please

Unfortunately for you, the owner is not obligated to refinance. If you stop paying they can foreclose and sue you for the debt owed. Your best bet is to try and negotiate with them, understanding however that they won't want to take a loss either. The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied. Lisa Glauber Shippel, Esq. Rolader & Shippel, P.C. 11660 Alpharetta Highway, Suite 630 Roswell, GA 30076...