Joel Richard Beck's Answers

Does a power of attorney need to be filed with the court

Generally speaking, no, a POA does not have to be filed in the courthouse. Sometimes, some states do require POAs to be filed for certain events, such as for an agent under a POA conveying property to someone else on behalf of the principal. But, by and large, POAs need not be filed. Your particular state, which is not identified, may have specific statutes regarding this, so if you have questions, you may want to seek assistance from a local attorney, or even try making a call to the...

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How can my siblings and I get my step-father out of my mother's house, since his name was not on the deed? She died 4/22.

You, or someone else will need to open an estate in the probate court, become appointed as the administrator and then marshal together the assets, pay the expenses, and then distribute remaining assets. Interest in her estate means an interest (claim to assets) in your mother's assets, after claims have been satisfied. If the house had homeowner's insurance, that is designed to cover the risks of fire and damage to the home; it does not pay off the mortgage if the borrower dies. There are...

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Need general durable power of attorney for elderly parents. What should I do and what are fees?

Your parents may need to ensure that they have a POA in place, but a POA is only one piece of the planning puzzle, as other lawyers here have noted. Other common documents include a will, as well as the Georgia Advance Directive for Healthcare (ADH). The ADH is a relatively new document in Georgia, just a few years old, that combines a power of attorney for healthcare and a living will in one simple, straightforward document. If you are assisting your parents, you may be able to make...

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What are possible consequences for one being the planner of an armed robbery

The possible consequences are that you are charged with and convicted of a serious crime. You should immediately hire a criminal defense attorney to assist you. Do not discuss the situation with others until you get a lawyer involved.

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Is There a procedure for a pardon in GA , For Criminal Records

Generally speaking, if you are convicted, including cases where a guilty plea or a nolo plea (nolo contendre) is made before the conviction, the charges are not eligible for expungement. Georgia has strict laws governing when expungements can be made (See O.C.G.A. 35-3-37) and expungements are typically reserved for cases that are dismissed before an indictment or accusation is filed against the individual. So, in many circumstances, expungement is not an option for most folks under current law....

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I am a 78 year old female who lives in Georgia. I have a daughter who lives in Florida. I want to make her my executor. Can I?

Generally, you can appoint someone who resides out of state to be the executor of your will. The person serving in this position oversees the probate of your estate following your death, seeking to distribute your assets based on your wishes as set forth in the will. A person who has power of attorney for someone else can, depending on the powers granted, manage the affairs of the person. A power of attorney can be effective immediately when signed, or only upon some other event happening...

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My mother has a durable power of attorney can she be the executor of my fathers estate (Georgia residents)

Signing a POA does not mean that your mother has given up decision making for herself. It simply means that she has signed a POA. It seems that your real quetion is whether it is appropriate for her to serve as the administrator of the estate; that is a separate matter apart from her having signed a POA. If you wish to challenge the matter, or need help pursuing claims to your father's estate, I recommend that you consult a probate attorney in the area of your father's residence. If you...

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After completion of my sentence of a 10 yr sentence for Marijuana Is it possible to get it expunged?

Most criminal cases in Georgia are not eligible for expungement. I wrote a blog post on this recently, which you might find helpful. See this post at: http://www.bdlawblog.com/2012/04/criminal-expungements-in-georgia.html

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Can I get my record exponged or a pardon?

Generally speaking, if you are convicted, including cases where a guilty plea or a nolo plea (nolo contendre) is made before the conviction, the charges are not eligible for expungement. Georgia has strict laws governing when expungements can be made (See O.C.G.A. 35-3-37 and expungements are typically reserved for cases that are dismissed before an indictment or accusation is filed against the individual. So, in many circumstances, expungement is not an option for most folks under current law.

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What type of lawyer

First, you need to understand that, generally speaking, you don't get to decide how your mother's will distribute her assets in her will. She gets to do that when she makes a will or sets in place other planning tools such as trusts. As other lawyers have commented, your question doesn't give us much information, such as whether your mother is still alive and competent to execute new planning documents, or whether she is deceased. If she is alive and competent, she can make changes to her...

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