Archived
Do I have to file probate if I am the executor and all was left to me by my husband and all accounts were right to survivorship?
Dawn's answer
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Answered on January 13, 2019
Actually, you do not have to probate just because you are named as the Executor. If there are no probate assets then there is no reason to file...
My sister lived in my mother house o 10 years and basically destroyed the home. She is on social security, can we sue her?
Dawn's answer
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Answered on January 12, 2019
You may be able to do this but, it is not a slam dunk. The safest way to do this would be to get a judgement against her. That kind of case will...
Archived
Do assets listed in a will and not specifically described in a complimentary iving trust pour over into the trust?
Dawn's answer
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Answered on January 11, 2019
The answer is, it depends. Financial accounts and retirement accounts often have a beneficiary designation. If they do, then they will go to the...
How long will it take for an uncontested will in probate?
Dawn's answer
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Answered on January 10, 2019
As the gentleman have said, how long it will take does depend on which form of probate you use. (There are at least 4 possibilities based on the...
Archived
My mom deceased and the money in her account they force me to probate now they sending a letter
Dawn's answer
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Answered on January 10, 2019
Actually, Georgia has a law, OCGA 7-1-239, that allows you to collect small bank accounts without probate. The account has to be under $2000. ...
Archived
If my name is on the deed can my siblings file a petition for leave to sell property if their names are not on the deed?
Dawn's answer
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Answered on January 09, 2019
If someone is filing a Leave to Sell, then they must be the Conservator. You will need to intervene in the Leave to Sell action to explain why the...
Archived
What rights do I have?
Dawn's answer
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Answered on January 09, 2019
The good news is enough time has passed that it is too late for her to file a Years Support claim. That must be done within 2 years of a spouse's...
Archived
Can I purchase my deceased mothers car even though she had monthly payments on it .?
Dawn's answer
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Answered on January 09, 2019
Actually, in Georgia, cars have a carve out for transfer without probate. Your local tag office can help you get the right paperwork. I agree with...
Archived
How can my dad get my grandparents home in his name? My grandparents died 9 years ago and they left no will.
Dawn's answer
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Answered on January 07, 2019
There is another option without probate. However, your dad will not get the house all to himself. Since there are 3 children they will each get a...
Archived
Should attorney be paid regular trustee fee AND billable services?
Dawn's answer
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Answered on January 06, 2019
This is going to be very fact specific. I recommend sitting down with an attorney who regularly works with Trusts in Georgia. Go over the bills...
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