Tanner Woods Pittman’s Answers

Tanner Woods Pittman

Lagrange Probate Attorney.

Contributor Level 12
  1. How do you divide property if theres no will?

    Answered about 2 years ago.

    1. Glen Edward Ashman
    2. Eric Jerome Gold
    3. Tanner Woods Pittman
    4. Robert M. Gardner Jr.
    5. Darrell Brinnett Reynolds Sr.
    5 lawyer answers

    I agree with Mr. Ashman's response. Probate is necessary here, and a qualified probate attorney is probably the first person to contact. When dividing land in an estate, the administrator (the person appointed by the court if there is no will) can operate in a few different ways. He may simply give a deed to and undivided 1/5 interest in the land to each heir and let them sort it out among themselves. Alternatively, he may petition the court for power to sell the land and do that,...

    13 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Recourse against a Probate Judge

    Answered over 1 year ago.

    1. Tanner Woods Pittman
    2. Glen Edward Ashman
    3. Joseph Franklin Pippen Jr.
    4. Robert W. Hughes Jr.
    4 lawyer answers

    Yes. Sort of. Your remedy here would be to appeal the decision of the probate judge. Unless the judge acted in a willful violation of the law, there wouldn't be "recourse" in the sense of being able to get some sanction against the judge him or herself. It is very unlikely that the decision you mention above is the sort of lawbreaking that would give you some direct, personal recourse against the judge. It's not even worth pursuing the idea. I don't have all the facts, but it's...

    Selected as best answer

  3. Can a sibling be in charge of a parent's estate without a will?

    Answered 5 months ago.

    1. Tanner Woods Pittman
    2. Glen Edward Ashman
    3. Darrell Brinnett Reynolds Sr.
    4. John Andrew Tomlinson
    5. Steven M Zelinger
    5 lawyer answers

    The short answer is no. It's rare in civil cases that we use words like "illegal," but that's probably the best way to describe your sibling's activities. In addition to speaking with a lawyer immediately, I'd recommend considering this course of action: have a sibling (preferably one that all seven trust) petition for letters of temporary administration. The accompanying court order can be granted without any requirements for service and a hearing; and a temporary administrator's power in...

    9 lawyers agreed with this answer

  4. NEED ANSWER TO A REAL ESTATE QUESTION. MY MOM HAS PASSED AND I WHAT TO SELL THE HOUSE. I HAVE SOME THAT WANTS TO PAY CASH.

    Answered over 1 year ago.

    1. Tanner Woods Pittman
    2. Dana P. Shaffner
    3. Darrell Brinnett Reynolds Sr.
    4. Charles I. Pollack
    5. Glen Edward Ashman
    5 lawyer answers

    I am sorry to hear about your recent loss. Don't do the change-title yourself. Real estate is not like an automobile, where the title can simply be signed over to a buyer. Your mother's estate must first go through probate court, and an individual (presumably you) needs to be appointed to represent the estate. Once that process is completed, the real estate can be sold. Consider hiring an attorney to assist with the probate proceedings. They are full of pitfalls for the uninitiated. To...

    9 lawyers agreed with this answer

  5. How do i find out if my fathers will has been probated?

    Answered almost 2 years ago.

    1. Loraine M. DiSalvo
    2. Tanner Woods Pittman
    3. Glen Edward Ashman
    3 lawyer answers

    I agree with Ms. DiSalvo's characteristically intelligent counsel. In estates I handle, I advise the executor to wait before distributing money for at least three months from the last date of publication of notice to estate debtors and creditors in the local newspaper (which itself takes at least one month). The reason is that the personal representative of the estate can be liable for any debts of the deceased that roll in within that three-month time frame. And it's never safe betting...

    8 lawyers agreed with this answer

  6. If I form a single member LLC do I have any protection at all from a charging order?

    Answered almost 2 years ago.

    1. Loraine M. DiSalvo
    2. Tanner Woods Pittman
    3. Michael Leo Potter
    4. Douglass S Lodmell
    4 lawyer answers

    A charging order's main function is to require that distributions from your LLC be paid to your judgment creditor and not to you personally. Single-member or otherwise, an LLC is not *protection* from a charging order; it's the subject of it. Many attorneys in Atlanta specialize in asset protection of the kind you're seeking. Others take a dim view of protection schemes (other than insurance) that shelter you from your just creditors. In any event, beware. A good many "asset protection"...

    8 lawyers agreed with this answer

  7. My mother died November 3, 2011 leaving a will which is held by my sister. She has not shared the will with anyone, nor has she

    Answered about 2 years ago.

    1. Tanner Woods Pittman
    2. Richard Michael Morgan
    3. Glen Edward Ashman
    4. Loraine M. DiSalvo
    5. James P. Frederick
    6. ···
    6 lawyer answers

    You can indeed ask. When you do so, you may want to remind her of the Georgia Code section that requires anyone holding a will to file it with the probate court, whether or not there is an accompanying petition to probate the will. The statute follows: § 53-5-5. Filing of will with probate court; contempt for failure to file A person having possession of a will shall file it with reasonable promptness with the probate court of the county having jurisdiction. The probate court may attach...

    8 lawyers agreed with this answer

  8. Is This illegal?

    Answered almost 2 years ago.

    1. Erik John Broel
    2. Loraine M. DiSalvo
    3. Tanner Woods Pittman
    4. Glen Edward Ashman
    5. Stuart L. O'Brien
    6. ···
    6 lawyer answers

    My condolences for the loss of this individual. Yeah, that's against the law. The sister is entitled to sue the brothers either in her own right or in the estate's name. If their actions were willful, she's probably entitled to attorney fees and more. In your place, I would contact a probate attorney to discuss the matter as soon as possible. Given the nature of this matter, a free consultation would not be unusual at all.

    7 lawyers agreed with this answer

  9. Do I still need to pay rent to this person?

    Answered almost 2 years ago.

    1. Tanner Woods Pittman
    2. Steven Navaro
    3. Rixon Charles Rafter III
    3 lawyer answers

    You should continue to pay rent. A company has bought the tax lien against the property, but it has not yet performed the two required steps to own the property, those being foreclosing the right of redemption and quieting title. Until the tax-lien-purchasing company has at least foreclosed the right of redemption (the one-year period your landlord was referring to), you may still comfortably act as though he is the property owner. It may be a good idea to contact the company that purchased...

    7 lawyers agreed with this answer

  10. Can a beneficary be a witness in a will and can they be the executor (administrator) of the will.

    Answered about 2 years ago.

    1. Tanner Woods Pittman
    2. Glen Edward Ashman
    3. Loraine M. DiSalvo
    4. Robert M. Gardner Jr.
    5. James P. Frederick
    5 lawyer answers

    A beneficiary can be a witness to a will without invalidating the document. BUT a beneficiary does not count as a witness for purposes of Georgia's statute requiring that a will be witnessed by at least two individuals. If the "will" in question has only the signature of the beneficiary and that of one other witness (as well as, perhaps, a notary on the self-proving affidavit), then the document is *invalid* as a will. What happens to the property of the estate if the will is...

    7 lawyers agreed with this answer