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Recent content by GaAtty

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

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    momofmoms additional response

    What is the name of your state? Ga Unfortunately, the previous discussion was closed when I first saw it. However, three things were missed in the discussion. First, under Georgia law, a parent is not liable for the torts of their children, so forget about being sued. Second, don't worry about...
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    Removing An Executor

    GAAtty Only number 11 is possibly a valid reason, and even that is questionable. The will is what determines who inherits, unless it is vague in that it says "all of my grandchildren". Otherwise, the heirs should be named in the will and if she (his child) is not named, that's the end of...
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    Life Estate Problems

    GAAtty Whoever told your mother she could get a mortgage on the house is wrong. On life estate property, the mortgage company will not do a thing unless everyone signs, and it doesn't sound like the sisters will do this. As far as the maintenance, your mother is responsible for it, and taxes...
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    Overturning Guardianship

    GaAtty Yes, someone can be shown to be incapable of being a guardian. You will need an attorney, however, it seems to me that you are going in the wrong direction. It does not sound like the guardianship of the person is what you are concerned about nearly as much as the money management. The...
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    probate

    GaAtty Of course you can do something with his assets, the same thing you could do here, which is sell them or (if money) spend it. Being the oldest relative doesn't mean a thing, as long as you are over 18. If you are the only child , however,and he left no living wife, then you are entitled...
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    Executor's fees

    GAAtty There are no executor's fees unless the person so stated in the will.
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    What can I do? Big mess!

    GaAtty If your father still has a life estate in the property then (according to the law in my state) he, as life tenant, is responsible for the taxes. Check your state law.
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    Unresponsive estate executor/attorney

    GaAtty It is almost always possible to fire one's attorney, however, sometimes there is a cost. Frequently attorneys get a part of the proceeds for managing trusts, and you should wonder if this is happening. On the other hand, out of sight, out of mind, and maybe you are just unimportant...
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    NY law to move back home?

    GAAtty You do not file on line for custody. You already have custody. Custody is not changed until there is a divorce and it is then decided by the court. You are only separated, and you have not filed for divorce yet, that is probably why you don't have an answer.
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    non-custodial parents rights

    GAAtty She cannot "take them with her when the temporary order expires." There needs to be a new court hearing to determine custody at that time. If you are smart, you will be ready to argue for custody for you, and I think you need to work on that. I understand having the kids live with the...
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    Can a child choose if they want to visit the other parent or not.

    GAAtty There is an age in some states, such as in my state, Georgia, where the kids can choose at age 14. You will have to check the law in your state.
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    Sudden death, No Will

    GAAtty It seems that your former girlfriend must have a relative somewhere. You should find them, as they need to apply to be administrator of her estate and they can handle lots of this. It seems strange that neither of her daughters is administrator. If they can drive, they must be near the...
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    What would you do????????

    GaAtty In my opinion, you need to be a little more assertive. I understand that is hard if you are broke. However, as a beneficiary, you have a right to an accounting every year, and if the accounting is too vague or seems to be missing money, you can go to a court and have them order an...
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    Is Probate Required

    GAAtty In many states (such as mine) there is a state law requiring that all wills be probated. Check with your probate court.
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    settling a will

    GaAtty Yes , it can go to probate (by that I mean get started), but cannot be completed without your signatures. The person who is executor needs to get their act together. The executor can file an action in probate court which makes the rebellious relatives behave and put back whatever they...

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