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John Thomas Mroczko

John Mroczko’s Answers

34 total

  • What's the penalty for trading stocks within an Individual TOD account after the person has deceased?

    Acct owner passed in June '13, I have been trading in her account since her passing in June. I called the brokerage firm to notify them about her passing and find out what paperwork I needed to submit immediately following her passing. I was never...

    John’s Answer

    Are you the only heir at law? If not, then you would have some liability.

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  • My ex husband remarried but left me as beneficiary of his SEP IRA. Is there any law in GA that cancels me out as beneficiary?

    He had more than 4 years to change designation. The legal department at his Investment Co has ruled that I (ex spouse) can not be beneficiary although I am designated primary. The Company is rewarding the IRA to his contingent beneficiary.

    John’s Answer

    No. This is governed by contract and will not be changed unless he changes the beneficiary.

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  • My husband want right or adopt my two children. there father does not have and rights. and right now we have a t.p.o on him.

    The kids are not safe around him. what can my husband do to have some rights. My husband just wants them safe and to have a say so.

    John’s Answer

    The fathers rights have to be voluntarily surrendered or terminated by the court. Then your husband will be able to adopt.

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  • Can other people attend the initial interview for setting up will if requested by person setting up will

    My mother has requested my sister and or myself be present when talking to lawyer about updating her will. This is the same way she requests our presence during any medical appointment. Should or can an attorney honor this wish.

    John’s Answer

    I would not be present if mother is favoring any sibling over another in bequests or in fiduciary nominations. This can and usually does lead to a will contest.

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  • Naming of new executor for will when executors named predecease testator

    The executors name in a will have predeceased the testator. How long does it take to have a new executor named and the will to be probated? Do the heirs mentioned in the will have to file anything to be named as an executor or choose an executor...

    John’s Answer

    The heirs can select an administrator with will annexed. Feel free to call me for more details. 770-386-8564 John Mroczko

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  • Grandfather passed away in November of 2012. I am in his will, I need my inheritance, or will end up homeless what can I do?

    There are four other people in the will, including my mother. The last of estate to be consolidated is his properties. It has almost been a year since his death. I am in desperate need of my inheritance. What can I do?

    John’s Answer

    I would suggest you retain an attorney. Depending on more facts, you may be able to ask the court for a settlement of accounts. You can call me or another probate attorney. 770-386-8564

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  • My mother gave me money years prior to her death, can this be deducted from my inheritance if no "loan" documents exist?

    We live in Georgia and mom helped me throughout my married life with monetary assistance.

    John’s Answer

    No. This has to be spelled out as an advancement under the will or there had to be an understanding that it was a loan. If it were indeed a loan, then oral agreements can be enforced. However, if it was a gift, then it should not be deducted.

    John T. Mroczko

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  • What's the time limit on probating a will in GA

    What is the time limit on probating a will in GA?

    John’s Answer

    There is no time limit. However, a will should be offer as soon as reasonably practical.

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  • Is it worth my time and money to contest the recently filed IRA beneficiary list? It was not part of a trust.

    A dear friend passed away on July 4, 2012. He had brain, lung, liver and bone cancer. Toward the end of his life (last few months) he became increasingly incoherent and changed in personality. Up until he became incoherent, however, he’d period...

    John’s Answer

    The dollars and cents will be your decision whether it is worth fighting. However, the decision needs to be made immediately in order to put Scwab on notice of your claim. Call me if you would like to discuss. 770-382-9591

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  • A man died with no will leaving behind a domestic partner of 12 years. Are his siblings entitled to take items in his name?

    Man and woman were together for 12 years. He died in a tragic accident. They were not married and had no children but lived together in her house. He had some vehicles, camper, and lawn equipment in his name as well as some property in Georgia. Hi...

    John’s Answer

    It depends if they were deemed married by common law marriage principles prior to 1997. If not, then she will not be entitled to anything from the estate. However, if the business was unincorporated, then she may be able to argue it was a partnership.

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