My father passed in September 2015. My sister and I were both mentioned in his will, however the will is long and full of a lot of legal language which is hard to understand. There is also a revocable trust that we are apparently a part of as well...
I'm sorry to hear of the loss of your father.
If I understand the estate documents correctly, it is likely that there are few or no statutory filing requirements. If your step-mother is asking you to sign an acknowledgment of service and consent to probate of the will, then the choice of whether or not to sign that probably only has a small affect upon the fate of the estate. That is, NOT signing typically means only that you waive any objections to the will and you agree to your step-mother's appointment as personal representative of the estate. It also means you will not receive personal service of the will and petition to probate. (Obviously, if you have reason to believe the will is the result of fraud or forgery, then you wouldn't want to sign).
But if this estate is like most that are governed by a living trust, then THAT instrument is where your step-mother's real powers are contained. If you are an income beneficiary of that trust, then you have certain statutory rights to an accounting from your step-mother. I would encourage you to contact a trust and estate litigation attorney so that you can discuss those rights.
I wish you the best of luck.See question
I have my house consigned by my cousin and I asked him to sign a Quit Claim Deed. He doesn't want to signed because, he said that the house is the guaranteed of my payments. What is the real responsibility of my cousin if he sign the quit claim??
More information is needed here. I'll answer based on my best guess as to your question's meaning.
It sounds like your cousin is co-signer of a note, secured by the house.
If that's the case, then his quitclaiming his interest in the house to you would not relieve him of his obligation under the note. But take heed: the deed to secure debt that the bank had him sign probably obliges him NOT to deed away his interest. His doing so could trigger acceleration of the loan.
Discuss this with a lawyer. It would be worth the fee. Something in your question tells me you may be in this a little over your head.
Best of luck.See question
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.
Yeah - You can totally do this. Georgia allows non-residents to serve as personal representatives of an estate. And you can re-open an estate, despite passage of many decades.
Talk to a lawyer, however. The thing is, if these assets are real estate, then there maybe a simpler way to pass title. If, on the other hand, too much time has passed while the property (any property - real or personal) was in others' hands, it may be difficult to assert a claim to it now.
Rope all heirs into the discussion early. It'll help things go more smoothly.
Best of luck.See question
My best friend's mother is the Administrator of the Estate of my friend who passed away earlier this year. Her friend had a timeshare in Florida and the mother is trying to cancel it. We sent a letter and a copy of the death certificate & copy o...
I'm so sorry to hear of your loss of your best friend.
A timeshare isn't a rental arrangement. In almost all cases, there is ownership of actual real estate involved, as by a deed. (Although many deeds give the grantee something like a 1/678th undivided interest in a parcel of land).
"Cancelling" a timeshare would be like "cancelling" ownership of a parcel of land somewhere.
The estate is liable for all debts of the deceased, including any debts or obligations that accompany the timeshare.
If the timeshare company is talking about foreclosure, it's probably because the deceased bought the timeshare with a mortgage that isn't yet paid off.
Though it's true that the estate is liable for all debts related to the timeshare, it's worth considering the question of whether the Fla. timeshare company would actually pursue those debts against a Georgia estate.See question
Father passed away no will. The property has not gone into probate yet. The house will be divided 3 ways wife, daughter, and daughter. The house is now occupied by myself and family (younger daughter ). The stepmother and older daughter would like...
I'm sorry to hear of your loss.
I almost hesitate to add any advice, lest it result in your doing this without legal counsel. I agree with Mr. Ashman and Mr. Faulkner that this is not work to be done without a lawyer.
When you hire a lawyer, he or she will probably tell you that the best avenue for dealing with your sister's not-quite-adoption is a petition to determine heirs or a similar motion filed in probate court.
If the other heirs are so willing, there is no law written that states you cannot share with your sister as though she were a true heir. Looking past the cold, uncompromising legal rule, just consider for a moment what will be done to your relationship with your sister (as well as your father's potentially exhumed body for DNA purposes) if you are determined to go forward with such a petition.
That's not intended to sway you - only to advise you to give the question serious consideration. Estate fights are second only to divorces in their emotional toll on families.See question
My mother has a will in which she is leaving me and my brother her entire estate. She made me Executor and I own her home with her. She has left everything she has to both me and my brother but has not specified what or a percentage of anything.
My condolences for your recent loss.
Of course, you want to get an attorney to thoroughly examine the will. But assuming all else equal then - yes - it sounds like there'd be a 50-50 split here.See question
My 62 year old brother has severe diabetes and has just lost a foot to amputation. He is on Social Security disability so income is limited, he has no savings and he has made poor financial decisions all his life. He will need some home care and...
I agree with the previous responders. I'd just write separately to say two things:
1. No - I don't see a danger of your being accused of "coercion."
2. Just be aware that getting a power of attorney from someone doesn't take away that person's power to continue to act.
I Donate a piece of land to my brother now I want it back for ingratitude
If you wrote a valid deed to your brother, which he accepted, and which was recorded, it is probably impossible to revoke.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...
You would probably want to have this handled by a lawyer rather than giving it a go on your own.
Depending on where your father was domiciled when he died (i.e., it's easier if the answer is "Georgia"), this may be a matter of simply having the exemplified TN record recorded as a "muniment of title" in Georgia and then proceeding with probate of your father's estate as you ordinarily would.
Do consider hiring a probate lawyer, preferably one that does title and real estate work as well.
Best of luck.See question
I was just wondering if I purchase a large piece of land could I legally start my own city.
I love this question.
Cities are creatures of the state. Some of the authority for recognizing cities has, in turn, been delegated to the counties.
You may "start" a city any time you like, but to have recognition as an actual municipality usually requires 1. population, and 2. county and/or state charters as a city. These, in turn, require that the population of your city actually wants to follow your plans and become an independent municipality.
Incidentally, what are you thinking of naming your city?See question