Archived
When a checking & savings acct's with a co-owner are named in a Will by account numbers to be dist to heirs? Who gets the money?
Robert's answer
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Answered on November 15, 2010
The money generally belongs to the co-owner. The estate can bring a claim against the co-owner for return of the money. It is a question of...
Archived
How is an estate split if someone dies without a will? They were only married ~3.5 years. There is premartial property.
Robert's answer
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Answered on November 15, 2010
There is no issue of pre-marital assets. The issue is whose name is on the title to the property owned by the decedent. The spouse will split the...
Can the executor of an estate sell a house without the consent of all the heirs?
Robert's answer
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Answered on October 25, 2010
If your sister is the executor, and the will grants her the power to dispose of assets without court approval, then she can sell the house without...
Archived
How can I get the money back from a trust fund my mother took without my consent?
Robert's answer
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Answered on October 25, 2010
You have to file a Petition for Settlement of Accounts in the Probate Court in Cartersville, My firm just got $75,000 for a young lady in your...
My sister is the executor of our mother's will. What can I do about making sure the probate process is completed?
Robert's answer
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Answered on October 22, 2010
If your sister has been appointed executor of your mother’s will by the probate court, you have to give her at least 6 months to complete her...
Archived
In Georgia, can privacy be allowed in court on a dead persons joint bank account while the estate is disputed.
Robert's answer
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Answered on October 21, 2010
If subpoenas have been issued, the banks will be required to comply with the subpoena unless you file a motion to quash the subpoena and give the...
Archived
Can the executor of an estate that has no will negotiate how much money the children or child shall receive from the estate?
Robert's answer
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Answered on October 18, 2010
There is no rule that says a child gets 33% in Georgia. The children of the deceased and the surviving spouse of the deceased share the estate...
Archived
Is it too late to claim part of my Father's estate?
Robert's answer
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Answered on October 18, 2010
You need to deteremine whether an estate was ever opened or if a petition for year's support was ever filed. If neither was done, you need to file...
Archived
Can an executor of an estate except a judgment with her husbands killer with out consulting one of his children who is 19 years.
Robert's answer
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Answered on October 15, 2010
In short, maybe. The spouse can settle without the consent fo the children, howver she must divide the money into equal shares with the spouse and...
Archived
How to get property taken out of mother's name if she didn't have a will
Robert's answer
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Answered on October 13, 2010
You should file a Petition to Appoint Administrator. You and your sister cna be the administrators of the estate. You will need to pay your...
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