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Probate and simple will. Georgia. Mother passed, father not…

Probate and simple will ...

Probate and simple will

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Georgia

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

mother passed, father not doing well, no assets

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Answered in 5 minutes by:
3/8/2018
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,706
Experience: Experienced Family Law Attorney
Verified
My sympathies for your family's loss. What is your question please?
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Customer reply replied 4 months ago
mother passed last month, father wants to update will but it states if wife predeceased etc... anyway, I don't think he need to go through that. He lives with one of his sons, has no assets except a car. Has life insurance and no bills but health insurance.
Customer reply replied 4 months ago
there are 4 children and his will specifys equal split among the 4 (bank accounts, etc)
Customer reply replied 4 months ago
no one is disputing anything in the will, do we have to go through probate or other legal actions?
Customer reply replied 4 months ago
The last question re: after father passes.
Unfortunately probate is required when a person has a will. Please seehttps://secure.ssa.gov/poms.nsf/lnx/0202315047However if there are no assets to probate then that negates the need for probate.
So a common way to avoid probate is to name a pay on death beneficiary(ies) for bank accounts so that when the person passes the account passes directly, outside of probate, to the named individuals.Similarly a life insurance policy may name beneficiaries.Then if there are no other assets that dispenses with the need to probate the estate (since there would be no estate)
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Customer reply replied 4 months ago
the will states... "at the rime of my death, by power of appointment or otherwise, to my children, name1, name2, name3, and name4, absolutely and in fee simple, share and share alike" So should he make am codicil or just go to his bank and make the pay on death you mentioned?
Customer reply replied 4 months ago
still there?
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 42,577
Experience: Attorney with 17 years experience
Verified

Hello, different expert here..

.

Did parents have a joint will that states it can't be changed when the first of them passed?

.

What other questions did you have that I can help with?

.

.

thanks

Barrister

.

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Customer reply replied 4 months ago
they each had a separate will
Customer reply replied 4 months ago
want to know if we can avoid probate, no assets, does father specify beneficiary "pay on death" at his bank?

Ok, a couple questions...

.

Did mother have any assets titled in her name only, like bank accounts, vehicles, real estate, etc.?

.

Did mother leave everything to father?

.

Did they own everything jointly so everything automatically passed to him upon her death?

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Customer reply replied 4 months ago
mother had no assets, everything to huisband, the car he has might be titled in both names, no lien on car. He received her life insurance payout, he has his own life insurance. WE were planning to pay any outstanding bills as we are co signers on his bank account, then after paying funeral expenses we would split the balance between the 4 children
Customer reply replied 4 months ago
he lives with youngest son, only pay life and health insurance, has 1 credit card, no rent, no utilities, no real estate

Ok, then there is really no reason to file a probate case if there is nothing to probate... that would be pointless and a waste of time and money.

.

So if he wants to avoid any issues with any assets he has now, he can do things like add someone to the title to vehicles as a joint owner and also to bank accounts. Then when he passed, those jointly owned assets would automatically become the sole property of the surviving owner.

.

As long as all the children trusted the one who was listed as joint owner along with dad to divide up the assets as agreed, then there is no reason for father's estate to go through probate either because everything would automatically transfer to the surviving owner..

.

.

thanks

Barrister

Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 42,577
Experience: Attorney with 17 years experience
Verified
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