Ask A Lawyer

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I".
Then, add details. This will help you get a quicker and better answer.
Question field is required
Explanation field is required
Category field is required
1
Ask a Question

2
Details

3
Submit
1
Ask a Question

2
Submit
1
Ask a Question

2
Details

3
Submit
1
Ask a Question

2
Submit
Fullname is required
A valid email address is required
A valid zip code is required Validating the Zip Code.
Receive a follow-up from lawyers after your question is answered
A valid phone number is required
Select the best time for you to receive a follow-up call from a lawyer after your question is answered. (Required field)
to
Invalid Time
reCAPTCHA is required

*Required fields

Question
Description
Category
DUI
By submitting your question, you understand and agree to the Terms and Conditions for use of the site. Do not include any personal information including name, email or other identifying details in your question or question details. An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed. Questions may display online and be archived by Martindale-Hubbell.

Estate Planning Recent Legal Answers from Lawyers

Estate Planning Recent Legal Answers from Lawyers
Check the local probate court records.  She may have asked you to sign an agreement which must be filed with the court.  That she handles things does not mean that you give up your inheritance.
Check the local probate court records.  She may have asked you to sign an agreement which must be filed with the court.  That she handles... Read More

Brother estate placed in hands of temp rep by court

Answered 17 days ago by attorney Mr Robert W. Hughes, Jr.   |   1 Answer   |  Legal Topics: Estate Planning
A temporary administrator can be appointed for both estates.  It would be unusual for one order to address two estates.  You should file to open your mother's estate so that it can receive the inheritance due it from your uncle's estate. A temporary administrator is not the way to proceed indefinitely. ... Read More
A temporary administrator can be appointed for both estates.  It would be unusual for one order to address two estates.  You should file to... Read More
The state in which he lives makes a difference if he does not have a Will.  He may want a Will.
The state in which he lives makes a difference if he does not have a Will.  He may want a Will.
Generally speaking, no -- but it is safer to have a Will.
Generally speaking, no -- but it is safer to have a Will.
It sounds as though you need to take the Will to a local probate attorney and present it for probate.  A Small Estate Affidavit can only be used if there is no Will and if the person left no more than a home, personal possessions worth no more than $60,000 and other assets (such as bank accounts) worth no more than $75,000.  Some courts require that the heirs be the surviving spouse or minor children.... Read More
It sounds as though you need to take the Will to a local probate attorney and present it for probate.  A Small Estate Affidavit can only be used... Read More
This is not an estate planning question, but what you have is a complete mess. Get a good real estate attorney ASAP. Again, NOT estate planning- get a real estate attorney. You may be able to rescind the deed based on your statement that you really didn't intend to give him the house. To get that, you will have to admit that you were trying to defraud the utility company, but at least it might get you your house back.... Read More
This is not an estate planning question, but what you have is a complete mess. Get a good real estate attorney ASAP. Again, NOT estate planning- get... Read More

do I need an estate plan?

Answered 2 months ago by attorney Loraine M. DiSalvo, Esq.   |   1 Answer   |  Legal Topics: Estate Planning
If "you" are a couple, then you actually should each have a Will. While there is such a thing as a "joint Will," they are not favored in Georgia and don't work very well at all. So I hope you mean that you each have Wills already. "Estate planning" is the process of analyzing a given person or couple's situation (family, finances, wishes, hopes, special issues, etc) and ensuring that they have legal documents, asset titles, and beneficiary designations all set up so that the person or couple and their loved ones are protected against the potentially devastating results of a death or incapacity. So yes, you should have an estate plan. Just having a Will is generally not enough: you also should each have, at a minimum, a power of attorney and an advance directive for health care. You may also need or at least be able to benefit from having other documents, such as revocable or irrevocable trusts, depending on what kinds of assets you own, how much you are worth, and what you want to leave as your legacy. Even if you already have all of the basic documents in place, if they are more than a few years old, it might be a good idea to have them reviewed. Georgia has had a number of very significant changes to its laws in the past 2 years, and there have also been a number of significant changes in federal law. These changes may mean that the documents you currently have could be improved to better serve you and your family. It may be that you don't end up needing to make changes right now, but if you have a review it at least lets you make sure that you know if you DO need some, or if there are some that you could make that would be beneficial for you and better serve your needs. Many estate planning attorneys offer estate planning consultations free of charge and free of obligation (like my firm), and it's time well-spent on your part. Best wishes to you.... Read More
If "you" are a couple, then you actually should each have a Will. While there is such a thing as a "joint Will," they are not favored in Georgia and... Read More
Any given trust or estate should only have one address. Figuring out which one that should be depends on what you're dealing with. A Living Will does not have an address; it's simply a document that says what its maker wants done (or not done) with regard to his health care if he is in a medical situation that is believed to be hopeless and meets certain other conditions. After the death of the creator of a Revocable Trust, the trust will use the NEW trustee's address, NOT the old trustee's address. As for the probate estate of a person who split their residence between multiple states, you have to figure out which state was the principal residence and that will be where the main probate has to take place, if a probate is needed (if the revocable trust was correctly and fully funded and there are no beneficiary designations that would point assets to the probate estate, a probate may not be needed). The principal residence is called the "domicile." Determining the domicile of a deceased person is not always easy where they had residences in multiple states. You look at factors such as: where the driver's license was held, where cars were registered, where the person registered to vote, where they had memberships in clubs, religious organizations, and similar groups, what address the person used for federal income tax filing purposes, and where he spent most of the year. It's not a hard-and-fast rule, it's more a weighing of factors. BUT the address that is used for the primary probate is NOT the estate's address, necessarily- the estate will use the address of the person who is appointed as its executor. I hope this is helpful. However, please consult an attorney in person to help you figure out exactly where any probate might be needed and what state should be considered the domicile, as well has to help you with any estate and trust admininstration. Best wishes to you.... Read More
Any given trust or estate should only have one address. Figuring out which one that should be depends on what you're dealing with. A Living Will... Read More
It is not on its face a conflict if certain disclosures are made. Remember,  your parents have a choice. However, I would not do business with someone who does this unless there is a full disclosure of the conflict in writing and signed by your parents. It should lay out completely the fees the executor will earn.... Read More
It is not on its face a conflict if certain disclosures are made. Remember,  your parents have a choice. However, I would not do business with... Read More

Do I have a claim against my father's estate?

Answered 3 months ago by attorney Patrick Johnson   |   1 Answer   |  Legal Topics: Estate Planning
You can file a claim against the estate if you feel you are owed money.
You can file a claim against the estate if you feel you are owed money.