Richard Michael Morgan’s Answers

Richard Michael Morgan

Alpharetta Estate Planning Attorney.

Contributor Level 13
  1. Father passed a way about 7 weeks ago had will probated now x wife said she found a will leaving her a part of everthing

    Answered almost 3 years ago.

    1. Richard Michael Morgan
    2. Loraine M. DiSalvo
    3. Glen Edward Ashman
    4. Dennis Joseph Murphy
    5. Joseph Franklin Pippen Jr.
    5 lawyer answers

    Since Will has already been probated, it is the controlling Will until another is brought forward, and even then it may be irrelevant depending on its date, etc. The mere fact that an ex-wife is included does not mean she would benefit unless it is the controlling Will and it was done either in contemplation of their divorce or it was done after their divorce was finalized. You should have legal counsel adding with the Probate and this attorney can assist with these issues as well.

    11 lawyers agreed with this answer

  2. My father left an irrevocable trust leaving almost the entirety to one person.

    Answered over 1 year ago.

    1. Richard Michael Morgan
    2. Steven M Zelinger
    3. Michael Leo Potter
    3 lawyer answers

    I would add one comment to Steven's answer, which was excellent. Think about why your father may have decided to leave his assets in this manner. If he had good reason, then it is what it is. But if you know of no such reason that makes logical sense that some coercion, undue influence, mental incapacity or other reason may exist that caused this out of the ordinary (but by no means improper or illegal) asset distribution plan. Think about it and be truthful with yourself. It was likely...

    10 lawyers agreed with this answer

  3. What can be done if an administrator will not talk or give any information about the estate when mom passed without will?

    Answered almost 2 years ago.

    1. Richard Michael Morgan
    2. Erik John Broel
    3. Charles Adam Shultz
    4. Joseph Michael Pankowski Jr
    5. Glen Edward Ashman
    6. ···
    6 lawyer answers

    In a situation like this, you should have the ability to go to Court to request an accounting. In GA, the Administrator has 6 months of time to figure things out, and according to your question, it has been almost a year. Since you are concerned, it is time for you to engage legal counsel to assist you in dealing with this matter. Good luck.

    10 lawyers agreed with this answer

  4. My parents died without a will. Can one sibling dispose of property without the consent of all surviving children?

    Answered about 1 year ago.

    1. Richard Michael Morgan
    2. Loraine M. DiSalvo
    3. Glen Edward Ashman
    4. Gary Roger Waitzman
    4 lawyer answers

    No, he has no legal power or authority to dispose of any property of a deceased, as he is no different than a stranger off the street unless and until he is appointed by the applicable Probate Court as the Estate's Administrator with the authority and power to act on behalf of the Estate. He can be personally liable for any improper actions that he may take.

    9 lawyers agreed with this answer

  5. My father recently passed. I need to handle his affairs. Closing accts etc. he had no will and I'm next of kin.

    Answered almost 2 years ago.

    1. Richard Michael Morgan
    2. Glen Edward Ashman
    3. Amanda M. Mathis
    4. Joseph Michael Pankowski Jr
    5. Charles Adam Shultz
    5 lawyer answers

    Under GA law, you may be able to deal with a bank account of $10,000 or less, minimal tangible personal property items and any autos outside of the Probate/Administration process. If more than this exists in assets them you can likely afford to hire an estate planning attorney to assist you, even if it is on an hourly consulting basis. Good luck.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Can the trustees liquidate a non-revocable trust prior to the trust creator's death?

    Answered over 2 years ago.

    1. Richard Michael Morgan
    2. Joseph Franklin Pippen Jr.
    3. David L. Carrier
    3 lawyer answers

    If I have your facts correct, an irrevocable trust exists that owns a life insurance policy on the trust's creator (such a trust is commonly known as an "ILIT" or irrevocable life insurance trust). In this case, the policy is not performing well and the Trustees no longer want to continue paying the LI premiums on the policy, and as a result, the Trustees may decide to terminate the LI policy. You are then asking if "you" can liquidate the Trust and distribute the trust assets to the trust...

    Selected as best answer

  7. Do I have to pay taxes on my sisters estate taxes they are billing for - over $7,000? I was co-executor of her will.

    Answered over 1 year ago.

    1. John Arnold Steakley
    2. Richard Michael Morgan
    3. Loraine M. DiSalvo
    4. Dana P. Shaffner
    5. Glen Edward Ashman
    6. ···
    6 lawyer answers

    I agree with the other answers, that as an Executor, you took on a fiduciary responsibility to handle the needed tasks properly, including the handling of tax filings and payments. It may be, depending on the facts, that all will turn out properly. These are likely complex tax issues that need the expertise of a competent tax professional to assist you. If you have no funds, and you are in GA, you may be able to get some assistance from the GA State University Law School Tax Clinic, if it still...

    8 lawyers agreed with this answer

  8. Administrator allowed to receive copy of will

    Answered over 1 year ago.

    1. Richard Michael Morgan
    2. John Cleveland Hill
    3. Jeffrey L. Cohen
    4. Glen Edward Ashman
    5. Darrell Brinnett Reynolds Sr.
    5 lawyer answers

    Sounds like a mess. Sorry to hear it. Basically, GA law requires the filing of the Will and if it is being presented to any court as valid, it must be filed with the court, period. You should hire a competent attorney in this estate and trust area of the law to assist you. However, if you choose to go it alone, you will need to act like a lawyer and do a lot of heavy lifting type research and procedural actions with the appropriate court. I highly recommend that you obtain the assistance of a...

    8 lawyers agreed with this answer

  9. My step - father is entering a nursing and must apply for Medicaid . How can my mother protect her assets ?

    Answered about 2 years ago.

    1. Richard Michael Morgan
    2. Loraine M. DiSalvo
    3. Charles Howard Goldberg
    4. Paula Brown Sinclair
    5. Ruthann P. Lacey
    6. ···
    6 lawyer answers

    Your mother needs to seek the assistance of a competent elder law attorney. This is a very complex area of the law and not a lot of attorneys specialize in this area. this is not normally an area where self help is a viable option. Good luck.

    8 lawyers agreed with this answer

  10. I need to know whether or a will was contested, can I fond out online?

    Answered over 2 years ago.

    1. Richard Michael Morgan
    2. Loraine M. DiSalvo
    3. Steven M Zelinger
    4. Glen Edward Ashman
    5. James P. Frederick
    5 lawyer answers

    One thing is for sure, you are confused about the status of this matter and you have been unable to get the answers you need to date. I assume this is a contested matter since you were not permitted to serve, which is not normal. Bottom line is that you need to spend some money and get competent legal counsel to help you figure out status and any options you have in moving forward. Good luck.

    8 lawyers agreed with this answer

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