Is the entire will revoked if a person marries after the Will was created in Georgia?: In this case, there are beneficiaries who are not heirs and heirs who are not beneficiaries. So will the spouse receive 1/3 of the estate, and the will remain in effect in regards to other stipulations, or will the entire will be revoked and be split evenly among heirs?
Robert’s answer: The law states a “subsequent spouse” will not take any less than their “intestate” share. Exact share will depend on whether the legal heirs are children of the decedent. The surviving spouse also may have the right to claim “year’s support” from the deceased spouse’s estate. See an experienced probate attorney to protect your rights.
My son took the copy of my will and power of attorney can I make him give it back? : I have ask him to bring them back but he says hr forgot to bring it.
Robert’s answer: Have a new Will and power of attorney prepared by an experienced estate planning attorney. File the properly signed, witnessed and notarized documents (Will with the probate court, power of attorney with your county superior court clerk). Store your originals in a secure, fire proof, water proof safe. Have your attorney send your new power of attorney to your son with a cover letter.
What do I do as sole survivor family member of my brother who is US citizen but was residence of Japan and died in Japan ?: Brother left a Japanese will that covered only assets in Japan and specifically excluded US assets. No US will prepared but there are US assets in Georgia and as sole heir I need to know how to partition the Georgia probate court to be able to obtain US assets as sole heir. What do I provide the court
Robert’s answer: I had a very similar case. Client died in Thailand and probated his Georgia will in Thailand. We had to Petition for Ancillary Probate here in Georgia in. Out there where Georgia property was located. This is definitely something we can help you with.