How to File a Notice to Creditors in Georgia
Filing a Notice to Creditors in Georgia: FAQ and Step‑by‑Step Guide Disclaimer: This article is for educational purposes only and is not legal advice. Laws change and facts matter. Consult a licensed Georgia attorney for advice about a specific estate or claim. Detailed Answer — What a "Notice to Creditors" is and why it matters […]
Read article →Georgia: What to Do if a Named Executor Refuses to Serve
Short answer If the person your parent named as executor refuses or renounces the job, you can ask the Georgia probate court to appoint you as the personal representative (often called an executor or administrator with will annexed). The court will follow Georgia probate rules and appoint a qualified person in priority order. You will […]
Read article →Georgia — Understanding Medicaid Estate Recovery: Can the State Claim a Parent's Home or Force a Deed Transfer?
How Georgia Medicaid Estate Recovery and Property Claims Work Important disclaimer This article explains general Georgia law about Medicaid estate recovery and property claims. It is educational only and is not legal advice. For help with a specific case, consult a licensed Georgia attorney who handles elder law or probate. Detailed answer Overview — what […]
Read article →Georgia: Why an Inherited House May Be Outside Probate and Whether You Can Pay the Mortgage to Stop Foreclosure
FAQ: Why is an inherited house not considered a probate asset, and can I make mortgage payments to avoid foreclosure without the administrator’s help? Short answer: A house is not a probate asset in Georgia if ownership passes automatically at death (for example, by right of survivorship or by a valid transfer-on-death mechanism). Whoever holds […]
Read article →Challenging a Sibling’s Use of a Deceased Parent’s Bank Account in Georgia
Detailed answer Short answer: Yes — you can challenge a sibling’s use of a deceased parent’s bank account even before the sibling is formally appointed as administrator, but the available remedies and the quickest path depend on how the bank, the sibling, and the probate court respond. Under Georgia law, a decedent’s assets generally become […]
Read article →Georgia: Forcing Return of Sentimental Items from a Sibling During Probate
Detailed Answer Short answer: Sometimes. Under Georgia law, whether you can force a sibling to return sentimental items taken during probate depends on who actually owns the items (the decedent or the sibling), whether the items are part of the estate, and what the court-appointed personal representative (executor/administrator) does. You can ask the probate court […]
Read article →Do I Have to Post a Bond to Serve as Administrator in Georgia Probate?
Do I Have to Post a Bond to Serve as Administrator in Georgia Probate? Short answer: Under Georgia law, the court generally requires a fiduciary bond for a personal representative (administrator) unless the need for a bond is waived or reduced. Heirs and other interested persons can waive bond, and the court has the authority […]
Read article →Georgia: How to Apply to Serve as Administrator of an Intestate Estate
Detailed Answer If an adult dies in Georgia without a valid will, state law requires a court-appointed administrator to gather the decedent’s assets, pay debts and taxes, and distribute what remains under Georgia’s intestacy rules. The following explains the typical steps to apply to serve as administrator, what the court will require, and practical tips […]
Read article →Georgia: Enforcing or Disputing an Oral Agreement Dividing Wrongful-Death Proceeds
Detailed answer: How Georgia law treats oral agreements dividing wrongful-death proceeds and how to enforce or dispute them Under Georgia law, a wrongful-death claim is a cause of action brought after a person’s death and prosecuted for the benefit of the decedent’s estate and the surviving family members. The claim itself and any settlement or […]
Read article →How to Sell an Estate House Facing Foreclosure When a Co-Administrator Refuses to Sign — Georgia
Disclaimer: This is educational information only and not legal advice. For help with a specific estate or foreclosure matter in Georgia, consult a licensed Georgia probate or real estate attorney. Detailed Answer If an estate-owned house is facing foreclosure and a co-administrator of the estate refuses to sign sale documents, the probate court in Georgia […]
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