Amy Marie Yarkoni’s Answers

Amy Marie Yarkoni

Atlanta Estate Planning Attorney.

Contributor Level 7
  1. Does the executrix have a legal responsibility to divulge the asset(s) inventory before the entire probate process is complete?

    Answered 28 days ago.

    1. Amy Marie Yarkoni
    2. Glen Edward Ashman
    3. Gary Roger Waitzman
    3 lawyer answers

    That may depend on the language in the will itself, many wills waive the need for the Executor to file an inventory. However, if not waived, under Georgia law, a personal representative (the Executor) must prepare an inventory of all the property of the decedent and submit it to the court within 6 months of being provided with letters testamentary. OCGA 53-7-30 through 34. The level of the detail required on the inventory is probably in the discretion of the court. A larger issue appears to...

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  2. Petition to Probate Will filed on parent who did not own his residence.

    Answered 10 months ago.

    1. Amy Marie Yarkoni
    2. Darrell Brinnett Reynolds Sr.
    3. Robert W. Hughes Jr.
    4. Celia R Reed
    4 lawyer answers

    I am sorry for your loss of your mother and step-father. The circumstances of not resolving one estate before a spouse passes and a second estate is opened can be confusing and complicated. You should speak with counsel familiar with probate to discuss specifics and evaluate your mother's estate assets and debts and decide how to proceed.

    5 lawyers agreed with this answer

  3. My aunt recently buried my Grandfather without notifying ANYONE. Is there any legal action we can take against her for this?

    Answered 10 months ago.

    1. Amy Marie Yarkoni
    2. Lee William Fitzpatrick
    3. Joseph Michael Pankowski Jr
    3 lawyer answers

    I would recommend that your father speak with counsel regarding the estate and real property. Copies of the deed and any transfers recorded, conservatorship paperwork and accountings and inventories if any were filed, and your grandfather's Will if he had one would all be helpful documents for your father to share with counsel. This information and a discussion should enable counsel to determine what if any actions might be taken to facilitate the opening and closing of the estate (if...

    5 lawyers agreed with this answer

  4. As Temporary Administrator of my mother's estate, what are my step-siblings rights to her personal belongings/property?

    Answered 10 months ago.

    1. Amy Marie Yarkoni
    2. Joseph Michael Pankowski Jr
    3. Darrell Brinnett Reynolds Sr.
    4. Celia R Reed
    5. James P. Frederick
    5 lawyer answers

    I am sorry for your loss of your mother and step-father. As counsel has pointed out this is a complicated situation. There is a contradiction in the information in your message, I want to clarify in hopes it might be of assistance to you. You state your mother owned real property in her name alone. In this case, her estate, consists of both the real property and her personal (tangible) property. Also, the reference to letters of administration regarding your mother's estate, rather than...

    5 lawyers agreed with this answer

  5. How long does a temporary guardinship last?

    Answered 12 months ago.

    1. Amy Marie Yarkoni
    2. Deborah Antonette Stewart
    2 lawyer answers

    An Order for Temporary Letters of Guardianship of Minor will generally contain some form of instruction as to your responsibilities. There may be a requirement to provide a status report to the court within a certain period (for example 60 days) after the Order is granted. You may also have to file an annual personal status report concerning the minor(s) to the court that issued the letters. Please review the Temporary Letters of Guardianship of Minor(s) issued to you by the court and...

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  6. Can you get a administrative letter from another county instead of the one you live in to save cost?

    Answered about 1 month ago.

    1. Amy Marie Yarkoni
    2. Glen Edward Ashman
    3. Drew Norman Early
    3 lawyer answers

    The petition for an estate administration and or probate of the will needs to be filed in the county where the deceased person lived at the time of his/her death and/or owned property (a home, land, condo, etc.). For convenience, if this location is further away from you, your counsel can request an oath by commission to be administered in the county you live in assuming you are being appointed as the personal representative. The letters can then be mailed to you. This does not transfer the...

    4 lawyers agreed with this answer

  7. If my self employed husband defaults on any personal guarantee business loans, are our personal joint assets at risk?

    Answered 4 months ago.

    1. Amy Marie Yarkoni
    2. David Michael Lawler
    3. Alfred Fargione
    4. Robert Stanley Bexley
    4 lawyer answers

    Yes, it is possible and probable that at least part of your personal joint assets are at risk; that is the purpose of a personal guarantee. Proper estate planning and business succession planning will highlight a number of the factors that can come into play in the event of a default (due to death or incapacity). Balancing how and by whom assets are owned, owning assets in trust, and other planning options can reduce your risk related to certain creditors. If there are existing assets...

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  8. Man passed away unexpectedly. Ex-wife is still named as executor on will - never removed after divorce. what will happen?

    Answered 25 days ago.

    1. Loraine M. DiSalvo
    2. Darrell Brinnett Reynolds Sr.
    3. Amy Marie Yarkoni
    3 lawyer answers

    The will is not null because of the divorce. However, certain provisions of the deceased will may be modified--or even revoked--by law by the divorce. For example, a bequest to the then wife (now ex-wife) may be revoked by the divorce if the will language was not written in contemplation of the divorce. When/if the ex-wife petitions the probate court to be appointed Executor, if you are an heir, you should receive notice and you may object to her appointment. If she is not interested in...

    3 lawyers agreed with this answer

  9. How can I find out if my sisters and I are in my father's will without contacting the executor?

    Answered 11 months ago.

    1. Barry Dean Broome
    2. Glen Edward Ashman
    3. Robert Michael Goldberg
    4. Amy Marie Yarkoni
    5. Jacquelyn F. Luther
    6. ···
    7 lawyer answers

    I am sorry for your loss. If your father was domiciled (lived in) Georgia at the time of his death, the Will would be probated in the county in which he was domiciled. Your question states that the surviving spouse is his Executor. This role is only effective if there is a Will and it is filed for probate with the Court in order to receive Letters Testamentary. Heirs are notified and if there are no objections, the court would appoint the petitioner named in the Will and s/he would get the...

    3 lawyers agreed with this answer

  10. How do we cread a codicile to our will changing recipients of our funds in GA from an OH will?

    Answered 12 months ago.

    1. Glen Edward Ashman
    2. Barry Dean Broome
    3. David Michael Lawler
    4. Robert Michael Goldberg
    5. Brian Andrew Becker
    6. ···
    7 lawyer answers

    Based on the information you provided, I agree generally with the answers posted that a Codicil is not in your best interest. Please contact counsel and obtain a new Will and discuss the benefits of implementing incapacity planning including an advance directive for health care decisions and a durable power of attorney for finances. Counsel will ask you questions to determine what assets are in your estate, information about your children and grandchildren, advise you regarding any impacts of...

    3 lawyers agreed with this answer