Nathan Alexander Hartman’s Answers

Nathan Alexander Hartman

Atlanta Probate Attorney.

Contributor Level 2
  1. If I sign a petition seved to me for a year support, will I be signing my rights away as one my deceased father's heir?

    Answered over 1 year ago.

    1. Glen Edward Ashman
    2. Loraine M. DiSalvo
    3. Nathan Alexander Hartman
    4. James P. Frederick
    4 lawyer answers

    A petition for a year's support is a request made by the surviving spouse of a deceased person requesting property from that deceased person's estate (see Georgia Annotated Code section 53-3-5). If the heirs of the estate sign off on the request for support (or alternatively, do not object to the request), a court will enter an order setting aside the assets requested by the surviving spouse (see Georgia Annotated Code section 53-3-7). As the other attorneys have mentioned, this could be most...

    2 lawyers agreed with this answer

  2. My step sister made her self power of medical decision dealing with the death of my father with the funeral home.

    Answered over 1 year ago.

    1. Glen Edward Ashman
    2. Darrell Brinnett Reynolds Sr.
    3. Nathan Alexander Hartman
    4. Loraine M. DiSalvo
    4 lawyer answers

    Your sister could not have given herself the power to make medical decisions for your father - your father would have to have given your sister that power. More so, even if your sister did have a power of attorney or authority under a health care directive (which is what a "power of medical decision" sounds like), that power would expire at death. Being on someone's death certificate does not give that person power to access or control a decedent's bank account. If your father had a will then...

    2 lawyers agreed with this answer

  3. Is a old will that I created years ago from a pc attorney cd-rom valid even though it was never recorded or probated?

    Answered over 1 year ago.

    1. Glen Edward Ashman
    2. Joe Wayne Hendricks Jr.
    3. Darrell Brinnett Reynolds Sr.
    4. Robert M. Gardner Jr.
    5. Nathan Alexander Hartman
    5 lawyer answers

    Wills are not recorded or probated until after your death. Your will is valid so long as it was properly executed and attested (witnessed). Under Georgia law, a will is validly executed if it is 1) in writing (which it sounds like your will is); 2) signed by you; and 3) is signed by two competent people (preferably who are not people who will receive anything through the will) in your presence (see the Georgia Annotated Code section 53-4-20). If you did all of those things with your cd-rom will...

    2 lawyers agreed with this answer

  4. How do I acquire the personal property of my mother?

    Answered over 1 year ago.

    1. Dana P. Shaffner
    2. Glen Edward Ashman
    3. Darrell Brinnett Reynolds Sr.
    4. Nathan Alexander Hartman
    5. Timothy Edward Kalamaros
    5 lawyer answers

    There are two possible answers here. 1) Generally wills have a residual clause which "captures" and distributes parts of an estate not expressly addressed in other parts of the will (such as your mother's personal property). If this is the case (read your mother's will and look for language in it that talks about the "residue" of the estate or distributing "personal property") then that property passes under the distributive language in the will. 2) If the will does not distribute the personal...

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