New assets were found in my mother's name. The estate was settled 30 years ago. There are three heirs, one is dead. My brother is the executor.
The best way to handle this depends on the type of assets and whether there was a Will or not. (You referred to your brother as Executor which implies a Will but, many people use that word for Administrators too.) It is not difficult to re-open an estate, if that is needed. As Mr. Pittman said, there may be a streamlined way to claim the asset, depending on what it is. You have already focused in on an important issue. Which route you can take is going to be effected by the death of the heir. Signatures will be required for either route. Who is entitled to sign off is going to be a legal analysis that would be best handled by an attorney. I think this is going to be complicated enough that it will be cheaper for you (or your brother) in the long run to hire an attorney to help. Getting good legal advice on doing it correctly will be cheaper than going it alone and hiring help to clean up missteps later.See question
My husband and I are thinking of turning our Will into a Trust. 1st) to avoid any legal aftermath. 2nd) to stipulate a more stringent diversification of our money. We are not sure our 3 sons are capable in handling. 3rd) To have a Trustee to ...
I agree with Ms. DiSalvo's answer. I will add a few things to consider. The Revocable Trust is often a smoother transition for your children since there is no need to wait on the probate court. It offers more privacy. Depending on who you have draft it, it is often cheaper to create the Trust that to pay for the costs of probate. It is portable so you can take it to another state, if you are contemplating a move.See question
My father was the executor of my step mom's estate in TN where she died. The will was probated in TN, and the estate closed. My father recently died and left his home in GA to me. I checked the deed, and turns out there was no right of survivorshi...
If step-mom did not have any children and if she passed long enough ago, it might be possible to handle this with affidavits. The title examiner standards manual has some exceptions that can be used in some very limited circumstances. If not, you will most likely need to re-open step-mom's estate. Before you file to do that, double check with the court to make sure dad actually closed her estate. I have found that people often forget what they really did when they are doing it amidst the grief of losing a loved one.See question
I live with my mom. I feel unsafe. She leaves for weeks and leaves me without food or money. Her ex boyfriend provides for me and makes sure im safe. Him and his family feeds me makes sure im in school provides my needs. How can i live with them a...
You could also ask the family who is taking care of you to petition the court for temporary guardianship over you. This is done in the probate court. You might be able to find a volunteer attorney to assist you either by contacting Georgia Legal Services for your area or the local bar association to see if they have attorneys who take cases pro bono.See question
Has Bill has fulfilled Section 5.4 below? Settlor died 6 months ago, and Bill left his monastic life 5 years ago. SECTION 5 Distribution During Settlor’s lifetime, Trustee shall not distribute principal or income of this Trust…If Trustee sh...
Like my colleagues, I will caution you against trying to get an answer without someone looking over the entire trust. In addition to the words in the four corners of the document, there may be facts that are significant that might factor into this. For example, Bill left the monastery but is he working? If so, is he working in a secular environment or is his employment affiliated with a religious institution? Etc. It shouldn't take a terribly long time for an attorney knowledgeable about Trusts to give you good advice. Good advice on the front end is always cheaper than litigation on the back end.See question
Need to change the executor to my parents will and need to have a will completed for me.
Getting the executor changed in your parents' Wills shouldn't be difficult or expensive as long as: that is all they need and they still have the mental capacity to do that. In a nutshell, they must know what they have, who their family members are and what they want to happen to their things when they are gone (without any coaching from anyone). Getting a Will done for you should not be difficult as long as you know what you want to do.See question
Our son is special needs. Autistic. Bi-polar, mental retardation. My husband and I will need to be guardians by April 30th 2016 when he turns 18. I need to know how many months prior to his birthday we start the guardianship process. He will ...
Based on the current turnaround on cases in the Cobb County Probate court, I recommend starting at least 3 months in advance of his birthday.See question
My grandfather set up a trust giving his 2 sons trustee powers over this trust. One of the sons wants to sell his half interest in the home and executes a quit claim deed to his granddaughter for his share of the home. Can he do this?
This depends very much on what authority is given to the Trustees under the Trust Agreement and what it has to say about how the home is to be received. For example, it might contain instructions on who it should be offered to first. It might restrict selling for a particular period of time. It might dictate that the home is to be used for a particular purpose. If you have a copy of the Trust, I recommend visiting an attorney experienced in working with Trusts. He or she should be able to tell you whether this was a permissible action by the Trustee.See question
And do I need a lawyer? Everything in my neighbor's son will go to my neighbor.
So sorry to hear about this terrible situation. If you are in possession of the Will you can file the petition for probate. You cannot sign in her stead with a Power of Attorney though. The Court will appoint someone to speak for her (Guardian Ad Litem). You probably do need the help of an attorney. Someone will need to be put in charge of the estate since your neighbor can't do it. An attorney can assist you with making a good selection. Your neighbor may need to have a Guardian appointed (different from the Guardian Ad Litem mentioned earlier). She may also need a Conservator appointed for her since she has dementia. An attorney can guide you through the decision-making process on that too. A consultation with someone who practices in probate and guardianship would be money well spent in this situation.See question
My father passed away 5 years ago and left a will appointing my sister executor. He left the family home to be split between his 6 children. He left all other assets to my mother who had moved out the home and was under my sister's care. She has n...
I would not recommend starting with a filing for accounting or removal. These can be expensive options. I would hire an attorney to write a letter asking the appropriate questions and using the appropriate probate lingo. Often, a letter of this type can get things moving for far less cost than starting at the courthouse. If you get the appropriate letter sent and you don't get a response or you don't get reasonable explanations only then would I go to the court filings described here. Doing things this way can possibly save you money and can also help lay the groundwork for making the offending party pay your legal expenses.See question