Randall M. Lipshutz’s Answers

Randall M. Lipshutz

Decatur Real Estate Attorney.

Contributor Level 16
  1. Is the executor of a will in the state of Georgia responsible for debts that the estate cannot pay?

    Answered over 1 year ago.

    1. Randall M. Lipshutz
    2. Darrell Brinnett Reynolds Sr.
    3. Robert M. Gardner Jr.
    3 lawyer answers

    Generally the executor is not liable for the debts of the estate. The executor does have to follow the statutory priorities for distribution of any assets, and if the executor distributes any assets without paying priority expenses, the creditor might have cause to come after the executor. But if you distribute assets and pay debts in the order required by law, you would have no personal liability.

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  2. Why would my lawyer get us the heirs to sign a waiver for my aunt to be administrator ?

    Answered over 1 year ago.

    1. Randall M. Lipshutz
    2. Paul A. Smolinski
    3. Steven M Zelinger
    4. Robert W. Hughes Jr.
    5. Robert M. Gardner Jr.
    5 lawyer answers

    There could be any number of reasons your aunt was an appropriate administrator, but there is no way for someone on this forum without all the details of the estate and the family to figure out the real reason. What you need to know is what the waiver accomplishes and what your alternatives are. Then you can decide whether to sign or not to sign. First, a waiver is a mechanism where all heirs at law who have rights to ask to be administrator consent to the appointment of a named individual...

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  3. Made final ch 13 payment and mortgage is behind. What happens now?

    Answered over 2 years ago.

    1. Randall M. Lipshutz
    2. Steven Anderson Leahy
    3. Dorothy G Bunce
    4. Robert M. Gardner Jr.
    5. Glen Edward Ashman
    5 lawyer answers

    Assuming you were represented in the bankruptcy, start with your bankruptcy attorney. That attorney is going to have a lot more information from which to give you a complete answer. From what you have posted, it is difficult to determine if you are or are not a post petition payment behind, and it is not certain whether the bank applied your post petition payments correctly. If you just made the last 13 payment, you case may be close to being terminated and you getting a discharge for...

    10 lawyers agreed with this answer

  4. Decedent owed 100k on condo now worth maybe 50k, had no will, has maybe 90k other assets - Will estate/beneficiaries be liable?

    Answered about 1 year ago.

    1. Glen Edward Ashman
    2. Randall M. Lipshutz
    3. John P Corrigan
    4. Robert Scott Carlson
    4 lawyer answers

    One thing you do need to be aware of is that if you don't establish a formal estate through the probate court or file a formal renunciation of the underwater condo, you as heirs of the decedent can be liable for condominium assessments that came due after the decedent's death. A relatively recent Georgia case resolved such a situation in favor of the condominium association. The Georgia Court of Appeals determined that title to the real property passes at death to the heirs until a formal...

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  5. My husband has just passed away, we have a home that is only in his name and no will - what does this mean for me the widow?

    Answered 4 months ago.

    1. Randall M. Lipshutz
    2. Loraine M. DiSalvo
    3. Darrell Brinnett Reynolds Sr.
    4. Glen Edward Ashman
    4 lawyer answers

    Sorry about your husband. In this type of situation, you have several options, and sitting down with an attorney to review them all is what you should be doing. You are an heir at law even without a will, but that does not mean you become personally obligated on your husband's debts. There can be debts that go with the house that have to be considered. You have the option of a 12 month support petition that could get rid of some of the debts. You have the option to renounce the inheritance...

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  6. How can I tranfer a deed without going through probate?

    Answered 9 months ago.

    1. Randall M. Lipshutz
    2. Loraine M. DiSalvo
    3. Robert M. Gardner Jr.
    4. Matthew Erik Johnson
    5. Michael Leo Potter
    6. ···
    6 lawyer answers

    You can't properly do the transfer without going through probate. While technically the property title may pass to you by operation of law until the will is pobated, you won't have a title you can do anything with. While I don't recommend it, you can go to the probate court in the county where your mother resided, obtain and fill out the probate forms, and file them and the will with the court. The court can't give you legal advice on what to do, but I have found probate court clerks to be...

    8 lawyers agreed with this answer

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  7. Am I legally liable to an auto body shop for payment of repairs another person's insurance denied?

    Answered about 1 year ago.

    1. Randall M. Lipshutz
    2. Stephen Ross Cohen
    3. Christian K. Lassen II
    4. Amy Nicole Durham
    4 lawyer answers

    If it was your car that was repaired, you most likely are liable to the repair shop. As for the insurance companies liability to you, that is something that you have better prospects for than with the repair shop. There could even be a bad faith penalty for the insurance company refusing to pay, but this is not really my area. You should be able to find an attorney who would look at the case and possibly take it on some type of contingency. See what other answers you get to your question -...

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  8. Can land be redeemed if sold for back taxes, when the ownership is still being contested in probate court?

    Answered almost 2 years ago.

    1. Randall M. Lipshutz
    2. John Andrew Tomlinson
    2 lawyer answers

    If the land was auctioned off yesterday, you have a year to redeem the property, including a 20% penalty, but there are some things you may want to do in advance. There could be excess proceeds sitting in the sheriff's account from the auction, and someone needs to file a claim for those. A creditor of the estate could do so, and that may include you. Particularly if there are excess proceeds, but in any event, there are businesses in the area that specialize in trying to snap up properties...

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  9. I was willed $5,000 dollars by my stepmother. My stepbrother refuses to pay me. What can I do?

    Answered 11 months ago.

    1. Randall M. Lipshutz
    2. Michael David Barber Jr.
    3. Joseph Michael Pankowski Jr
    4. Glen Edward Ashman
    5. Joseph Franklin Pippen Jr.
    5 lawyer answers

    At 8 years you have probably pushed the limits of being able to do anything effective. There are way too many facts that need to be evaluated, and you would not want to post them on-line. There are several good probate attorneys in your area that answer questions on AVVO. If you want to pursue the inheritance, you probably need to gather all the information you have available and seek out an appointment with one of them.

    8 lawyers agreed with this answer

  10. My deceased husband is on the warrant deed. I am on the security deed and mortgage. Can I keep creditors from going after house?

    Answered 12 months ago.

    1. Randall M. Lipshutz
    2. Glen Edward Ashman
    3. Frank Wanner Wagner III
    4. Celia R Reed
    5. Michael David Barber Jr.
    6. ···
    6 lawyer answers

    I changed your area of law to probate so you can get answers from experienced probate attorneys more easily. There are several types of "probate" proceedings, and a petition for support might do what you are trying to accomplish. It could take your husband's share out of the estate before distributions to creditors. It is a unique proceeding, but one that is very favorable to a surviving spouse. Talk to a probate attorney and don't be frightened of the Probate Court just because you are...

    8 lawyers agreed with this answer