Anita Diane Baker's Answers (111)

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How to make sure the Administrator of my mother's estate is handeling correctly?

Anita's answer | Answered on October 31, 2014

I do not practice in Florida, but it may be helpful for you to contact the court that is handling your mother's estate and ask for copies of...

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In Georgia, is it acceptable for petitioner to use his work address as domicile because he does not want heirs to know address?

Anita's answer | Answered on October 30, 2014

The petition to probate a Will in Georgia does not specifically ask for the "domicile" of the person submitting the Will, who is asking to be...

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Can you obtain financial relief from executor living in CA and estate in GA who has mishandled and incurred liability?

Anita's answer | Answered on October 30, 2014

If you were a beneficiary of the Will (or an heir, if the deceased died without a Will), then you should immediately make a written demand for an...

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Is it true in Georgia when there are not enough asssets in the estate that the law prioritizes which creditors are paid first

Anita's answer | Answered on October 30, 2014

Yes, Georgia law does have priorities for the claims paid out of an estate. Funeral expenses generally take priority over most other claims, but...

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Does Georgia have laws to protect the elderly who may have dementia or are just too trusting?

Anita's answer | Answered on October 30, 2014

There are no special rules or procedures in Georgia that would apply to a property transfer simply based on the age of the person involved....

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My DAD died 7 years ago without a will we discovered some stock that is in his name only. How can we sell or change the name?

Anita's answer | Answered on October 29, 2014

Unfortunately, there is no way to get ownership of the stock transferred without filing some type of case in probate court. You should take care of...

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My husband recently died; how do I transfer our home title to me solely?

Anita's answer | Answered on October 29, 2014

Georgia law does not recognize tenancy "by the entirety." As the other attorneys mentioned, the deed wording as you described it creates a "tenancy...

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Can a will be overridden?

Anita's answer | Answered on October 29, 2014

You raise an interesting question. If the Will says nothing specific about his IRA, then the funds in the IRA would go to the person named as...

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How long do you have to change a will after someone dies?

Anita's answer | Answered on October 29, 2014

You have what sounds like a complex situation with multiple Wills, one of which may have already been probated. You should seek legal advice right...

Archived

Do any of u probate wills I need to have my husbands will probated and then I would like to sell

Anita's answer | Answered on October 29, 2014

I'm so sorry to hear about your loss. You do need to probate the Will. As your first step, be sure that you have the original, signed and witnessed...

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