Fayetteville, GA Estate Planning Law Firms & Lawyers

Without knowing a lot more facts about the situation, no one can really answer the question of whether or not $8,000 is an unreasonable amount. It sounds like there may be a need to open at least your husband's mother's estate, and maybe both her estate and his sister's estate. Depending on a whole lot of factors, opening (or re-opening) either of these estates 16 years after the fact could be a LOT of work. If it's a whole lot of work, the fees and costs might easily reach the $8,000 level. Or more. Another thing that can't be told from your post is whether the $8,000 being requested is a retainer amount, where if it isn't all used, the remaining amount will be refunded when the work is completed, or a flat fee. And other factors also include: what state or states will be involved, how experienced is the attorney, are there other issues you aren't describing, who would have been the heirs at the time your husband's mother died and whether all of those people are still living or whether some of them are now also deceased, etc. If your husband isn't comfortable with the fee quoted, he should get a second opinion. However, this forum does not really allow a second opinion to be provided. He'll need to speak to an attorney directly for that. Best wishes to you both.

Personal property disappearing between death and the court appointment of someone to settle the estate (even the person named as executor in a Will must receive a court appointment to act) is a widespread property. While dad is alive, only his agent named in a Durable Power of Attorney can take action.

There is no such thing as a small estate affidavit in Georgia, so the short answer to your question is no. There is a procedure in Georgia that can allow a vehicle title to be transferred without an estate being opened, under some circumstances (there must essentially be no other assets for which an estate administration or Will probate would be required). In those cases, the vehicle title has to first be reissued to one or more of the heirs, and then the new owner(s) can sell or otherwise dispose of the vehicle if needed. It isn't clear from your question exactly what you need to do or are considering doing; however, this kind of forum is not actually suited for actual situation-specific advice anyhow. Your best option is to consult an experienced probate attorney, have the attorney consider all of the relevant facts and circumstances, and let the attorney give you advice on what you can or should do. Best wishes to you.