I am wanting to change a beneficiary of my house and plan to put it in a codicil. Does the codicil need to be notarized in the state of Georgia?
Most importantly, a codicil in Georgia should be prepared by an attorney. More on that in a moment.
Yes - you would want to have a codicil notarized, but the notarization should come in conjunction with a self-proving affidavit. Though not strictly necessary to the probate of a will, a self-proving affidavit avoids the need to track down the witnesses at the time of probate and have them (or at least one of them) swear that he/she saw the testator sign.
But back to the lawyer issue: the fact that you're asking the above question is alone enough to show that you'd be very well advised to hire counsel. Failure to do so can result in extremely costly mistakes, especially since real property is involved.
In my experience, I've rarely, rarely seen a will (or codicil) prepared by a non-lawyer that achieves the optimal result in passing title to property. I'd strongly encourage you to hire counsel.See question
My mother is recently deceased and has an account with less than $10,000 dollars. She has left no Will We have received a check from an insurance company for the difference from a loan payout. Can the family open a POD account and deposit the chec...
As usual, Mr. Ashman has given you very sage counsel. Just to add to it, I'm attaching a link below to a Georgia affidavit for financial institutions. In some instances, this can be used to withdraw an amount of less than $10,000 from the bank account of a deceased individual.
I'd urge you to consult with an attorney, however, even in using this affidavit. The existence of an account with less than $10,000 does NOT, for example, mean that the money can be withdrawn before the deceased's debts are paid.
My paternal grandparents died & when they did everything the had ( which was their life savings, home place went to my dad, which was their only child. My dad died 5 yrs after inheriting everything of theirs. In his will, he had everything of the...
Mr. Ashman is probably right (usually the case). Still, I'd advise you speak with a probate attorney. Among other things, there remains a chance your mother has not yet properly probated your father's will.
Just on a personal note: your father's assumption was probably like that of most fathers: that his wife would get his property and then - after she dies - leave it to their mutual children. Most children do not begrudge their surviving parent for not distributing the couple's property before her death. It's HERS according to his will, at least according to the facts as you present them.
Consider whether your frustration with your mother is not misplaced.See question
Foreign chemicals was in my drink that I ingested while dining at waffle house.
I've changed the category of your question to "personal injury" from "real estate."
Waffle House's insurance coverage amount isn't a matter of public record. If you suffered injury at one of their restaurants (e.g., the chemicals made you sick, harmed your body, and/or caused you to incur medical bills), begin gathering what evidence you have of your injury and talk to an attorney.
There are a number of personal injury firms in Atlanta who will allow you to consult at no charge.See question
I got into a accident in 2008. I thought I could trust my son to help me pay taxes. he is now drinking alcohol every night staying up all night long partying with his cousins. How can I get my son off of my deed.? My son is disrespectful to me.
I am really sorry to hear about your situation, and I hope your son has a change of heart.
Your question is a real estate question; I've changed it from the "trusts" label you gave it.
Unfortunately, deeds are not what most people think they are (and I include myself in that category, before I went to law school). One isn't "on" a deed in the same way one is "on" a bank account's signature card. A deed is a public record of a conveyance, not a certificate of title. That is, it records publicly the fact that something was given (or sold). That something is, of course, an ownership interest in some real estate.
In your case, if your son's name appears on a deed, then it means a gift or sale to your son took place. Typically, the only way to reverse that is for him to gift the sell his ownership interest to someone else (such as you). When that's done, another deed will be written, and his name will be "on" that deed as well, but this time as the grantor, the person selling or gifting.
Consider sitting down with an attorney if more clarity is needed or if you think you may have a cause of action (i.e., a lawsuit) for undoing the gift or sale to your son.
I hope this helps. Best of luck.See question
We have a new Declarant since our previous one went bankrupt. He is selling blocks of lots to a particular builder who has sold a few homes already & is continuing to build. We have been paying dues again now for 2 years but they refuse to repair ...
Sorry to hear about this situation. I hate subdivision problems.
The answer depends entirely upon the wording of your covenants. But in a typical case, the Declarant is not required to maintain common areas. This duty instead falls to the property owners' association once it is up and running.
Best of luck.See question
My aunt is the executor of my dad's estate. My brother and I are not happy with the way she is trying to "sell off" the estate. Therefore can my brother and I sell the house to a cash buyer without consenting to our aunt or getting her approval?
My condolences for your loss.
I agree with Mr. Ashman. I write separately only to say that, if you and your brother now co-own the house, you may of course do what you want.
But if the house was owned by your father, then you have NO ownership interest in it - you only have a claim on the estate.
I would advise sitting down with a probate lawyer. There are some great ones in Marietta. If your aunt is wasting estate assets, then it may be possible to have her removed for her breach of her duty to the beneficiaries.
Best of luck.See question
Aunt dies left a will, and in the will she wants me to be the executor. Her home is required to be sold then distribute money to persons in will.
Mr. Ashman gave the right answer. If your question regards which STATE to probate the will in (which is what your question seems to emphasize), then it'd be Georgia if she was domiciled in Georgia when she died.
There may need to be an additional probate proceeding if the real property is located in another state.See question
I clean houses. I asked a friend to help me with some houses, she asked a friend of hers as well. No contracts, nothing signed by anyone. Well they got kicked out of a house by the owners for not doing their job. I had to go in today and do the...
You need not pay someone who didn't work.
If you've paid them already, probably best to take your loss and chalk this up to a lesson learned.See question