Michael Shaun Goode's Answers

I don't know which way to probate i'm the only heir and also the executor of my father's will. he owned a home with mortgage?

I agree with what is being said here: go see an attorney as soon as possible. There are options to getting this done relatively quickly, especially since you are the only heir. I am in Cobb county so feel free to contact me.

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Mother died with a will, she signed a notice stating she wishes to delete one grandchild from will and had it notarized

I am an attorney and I live in Acworth. Feel free to call me at 7704221776. Was the paper that has the notary stamp on it also signed by a witness? It may be able to count as a codicil.

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Recourse to prevent my step-sister from selling assets of my father's estate?

If the administration is taking too long you might want to consider becoming a temporary administrator in the interim. That will give you the power to gather and protect assets (but not distribute) and call the police if necessary. I am in Georgia. Let me know if you have any other questions.

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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

There is a petition to probate will in solemn form probate form that gets filed with the Will into the Probate Court. It would be the heirs and not the beneficiaries that would sign, since it would the heirs to Caveat if there are grounds to do so. I am assuming that this is a Will that is being probated in Georgia as it can be different in different states. Therefore, I would make sure to get a copy of he Will if you haven't already. I am an estate planning and probate attorney in...

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Estate of mother

The only exception to this is if the sister can produce some sort of agreement by the mother that if she took care of the mother then she would get 2/3 of the estate.

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

In Georgia you must follow the formalities of a Will to have the document recognized. Therefore, I think the best practice with the least confusion is to simply include the specific bequests in the body of the will. If you want to change them later either do a new will (which isn't that hard if you use the same attorney as they will hopefully have the will saved on their computer) or do a codicil (which is an amendment done with the same formalities as a will).

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Does a Life Estate over rule a Will when both refer to the same property

And to add to this, in Georgia what is written on a deed (such as a life estate, survivorship, etc.) will take precedence over what is written in a Will.

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Does a US corporation organized under the laws of the US become a "foreign" corporation for IRS purposes if owned by foreign co?

If the goal is to avoid US taxes, I would caution that there are other considerations. For example, those that meet a substantial presence test, green card holders, and US citizens must file US taxes, as well as comply with other reporting requirements (FBAR, FATCA, etc.).

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GA Probate - What should be done if public notification of death was not performed?

The biggest concern you will have is that without publishing the notice and waiting the statutory period of time then creditors can still go after the executor for the money, whereas if the notice had been done properly then the creditors would lose their rights to go after the executor for payment if they failed to timely file their claims. I agree that notify the court and publishing now are the best things to do at this point, as the executor would want to limit their liablity.

Can the courts stop a spouse from interfereing with the placement of the other incompetent spouse?

Well, you could petition to be the guardian, as the guardian has the power to pick where a ward lives.