Dawn Renee Levine's Answers

Notice to Debtors/Creditors fouled up by newspaper. Is corrective action necessary?

To properly protect yourself as administrator you should have the ad run again with corrections made. If the mistake is on the part of the paper they should run it again at no cost. This will mean that the clock would start over but, the alternative is a creditor could come forward later and say they couldn't reach you because of the incorrect info. That could leave you personally liable for the debt if all the money has been paid out of the estate.

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Do I need a power of attorney?

There is no legal authority for doing this in GA. However, a doctor still might honor it. I would be surprised if they would be unwilling to let you participate in care decisions by phone. I think a power of attorney, as you described, would be invalid and unnecessary.

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If you file a petition to probate will in solemn form for the heirs what form is file for a beneficiary

To be specific, if the grandmother had a husband living he would need to sign. Also, all her children would need to sign. For children who died before her, that child's children sign, if they are adults. If any of these people are unwilling or unable to sign the court will take care of the notifications. That would make the cost go up.

Can an administrator appointed by the living spouse who resides in another country distribute the assets without consulting her?

I disagree with the previous post. In an administration the personal representative is bound by the court with considerable oversight (especially in Cobb County). A bond will be required to cover any losses due to an administrator's mismanagement or theft. (A bond is a sort of insurance policy to protect your interests.) The administrator is required to pay the debts and distribute all the assets left to the closest relative. In Georgia, a spouse and/or children are the closest. Assets...

How can a spouse ensure that no monetary assets are left to the other spouse with a revocable trust and pour over will?

You should consult with an attorney to discuss your specific situation since only a general answer is possible here. The money spent on a good estate plan is much cheaper than a Will Contest or Trust litigation. The insurance will go according to the beneficiary designations, outside of the probate process. Many assets have beneficiary designations or TOD or POD. These go automatically to whomever is named. There are also ways to title certain types of assets to have them pass directly...

My mother recently passed. In 1998 she quit claim deeded me 1/4 interest of her house. Can I acquire the hose without probating?

You should have an experienced probate attorney look at the deed and discuss this debt with you. There may be options available to you to protect the other 3/4 of the property from the bills. Georgia has some unique protections available to certain heirs.

What is required to maintian home insurance for decedant's home?

It is very important that you contact the insurance company immediatly. If they denied a claim because of the change in circumstances you could become personally responsible for any losses to the estate.

I am a widow and spouse didn't leave a will or anything funds so what is the least expensive way to get the house in my name

The most effective way to transfer the property may be a petition for Year's Support in the probate court. This can be useful if your spouse left debt behind or if he had children.

To leave items to certain people although it's not included in my will.

Your wishes may be carried out but, just notarizing the document will not make it legally enforceable. It these are items of great value, items that would cause a disagreement or items you care a great deal about it is better to have a properly executed Codicil. This will make it part of your Will and should not be expensive if your list is not too long.

To leave items to certain people although it's not included in my will.

You can leave a list of items separate from your Will. However, it will not be legally enforceable like a properly executed Will. Think of it as a mere suggestion for your Executor. For that reason, it is never a good idea to use this technique for valuable items, items with great sentimental value or any item that might cause a fight (you would be amazed at what falls into that category). If the separate list still seems like a good idea you should have a specific reference to it in your...