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How many witnesses are needed in Georgia for a will?
Two (2) with at least one that's marking. Contact a layer to be certain.Read more here:Georgia Code Section 53-4-20. Execution and signature of will; witnesses.(a) A will shall be in writing and shall be signed by the testator or by some other individual in the testator's presence and at the testator's express direction. A testator may sign by mark or by any name that is intended to authenticate the instrument as the testator's will.(b) A will shall be attested and subscribed in the presence of the testator by two or more competent witnesses. A witness to a will may attest by mark. Another individual may not subscribe the name of a witness, even in that witness's presence and at that witness's direction.(c) A codicil shall be executed by the testator and attested and subscribed by witnesses with the same formality as a will.
My sister was appointed as executor of my mother's will and has not executed the requests. It has been 3 years since she passed. I am second executor on the will. What can I do to enforce the will?
Your mother's will should be probated. The court will decide if the will is valid and then will appoint the executor. Since your sister is the named executor the court will want either to appoint her or will want her to decline to be appointed in writing. You can then petition to be appointed. Once the will has been allowed and the executor has been appointed the distribution of the property must be carried out according to the law, to the provisions of the will and in a timely manner. Creditors will have an opportunity to make a claim. If your mother owned any real estate her estate MUST be probated in order for title to pass to her heirs. If she had bank accounts in her name alone the executor will be given authority by the court to close the accounts and distribute the proceeds. If your mother owned any such property you should seek the advice of an attorney.
FWhat is excutor of will mean?
The executor is responsible for making sure all assets in the will are accounted for, along with transferring these assets to the correct party (parties). Assets can include financial holdings, such as stocks, bonds, or money market investments; real estate; direct investments; or even collectibles like art. The executor has to estimate the value of the estate by using either the date of death value or the alternative valuation date, as provided in the Internal Revenue Code (IRC) The executor also needs to ensure that all the debts of the deceased are paid off, including any taxes. The executor is legally obligated to meet the wishes of the deceased and act in the interest of the deceased.
Can you change someone's will?
Yes, a living person can change their will, either by writing a new one or by adding a codicil. In both cases the new/replacement will or codicil need to be formally witnessed to be legal. Once the person is dead or is no longer mentally competent, the will can not be changed. However, depending on the laws of the country in which you live, it may be possible to modify the terms of a will if ALL beneficiaries and the Executor agree to go to court to do this to get a " deed of variation". However, if one party does not agree then the will must be followed as the deceased specified.
What are the Differences between legal writing and statutory writing?
legal writing is type of technical writing used by lawyers, judges, legislatives and others in law to express legal analysis and legal rights and duties while legal drafting is the creation of legal documents.
When a new will is written does the previous executor who is also a beneficiary have to be notified in writing by the testate?
There is no requirement to do so. The executor does not even have to be notified that they were appointed.
Does the previous executor have to be notified of any changes or issue of a new will if a new will is written does the executor who is also a beneficiary need to be advised in writing?
There is no reason to inform anyone. It isn't any of their business who is named in the will.
Can an executor bill for time before client is deceased and what if services are performed then client changes executors?
NO. There is no executor until the testator has died and the executor has been appointed by the court.A living person can execute a Power of Attorney and appoint an agent to perform tasks for them while they are living. The agent should have an agreement in writing that explains duties and compensation. The agent can submit a claim against the estate for any payment still due once the testator has died.
Can an executor resign?
As a matter of law, once you commence acting as executor, or intermeddle in an estate as it's also called, you are responsible for the administration of the estate. As such, if you wish to resign as executor after taking control of the testator's property, you must formally renounce your position in writing. In order to do this, you will need to submit a letter of renunciation in writing to the probate court. The precise form of this letter can vary from state to state. As such, you should check with your local probate office to see what precise form is required.
Can an executor of an estate be removed as executor?
No. Not unless they file for an appointment of an agent with the court. However, they must have a good reason such as when the appointed executor resides at some distance from the court or in another state. The agent is usually an attorney.Generally, an executor is expected to perform their duties personally and they are responsible for ever action they take as executor. See related link.No. Not unless they file for an appointment of an agent with the court. However, they must have a good reason such as when the appointed executor resides at some distance from the court or in another state. The agent is usually an attorney.Generally, an executor is expected to perform their duties personally and they are responsible for ever action they take as executor. See related link.No. Not unless they file for an appointment of an agent with the court. However, they must have a good reason such as when the appointed executor resides at some distance from the court or in another state. The agent is usually an attorney.Generally, an executor is expected to perform their duties personally and they are responsible for ever action they take as executor. See related link.No. Not unless they file for an appointment of an agent with the court. However, they must have a good reason such as when the appointed executor resides at some distance from the court or in another state. The agent is usually an attorney.Generally, an executor is expected to perform their duties personally and they are responsible for ever action they take as executor. See related link.
What if I don't want to be the executor?
If you don't want to be the executor, you can always refuse the assignment. Make sure to speak with the person writing the will or legal document and state your refusal in writing.
If you leave everything to your wife do you need an execuror?
If you are writing a will, then you need an executor. However in this case where you are leaving everything to her, she can be the executor.
Is a defendant notified in writing after a court date is adjourned?
Yes.
Can auto insurers change your policy without your consent in writing?
No they can't, unless you are notified for the changes in writing.
Inheritance laws in Kansas?
Inestate succession [if someone dies without writing a will]: if the deceased has a living spouse but no living children, the estate goes to the spouse. If the deceased has living children but no living spouse, the estate is divided equally between the children. If the spouse and children are alive, the spouse gets half of the estate and the other half is divided equally among the children. If neither the spouse or children are alive, but the deceased's parents are alive, the estate goes to the parents. Testate succession [will determines how estate will be divided]: testator [person making the will] decides how to divide the estate and to whom different parts of the estate will be given. The testator can choose to give all or part of the estate to their spouse, children, or other family members. The testator can make any kind of property distribution they desire. Usually an executor is appointed, and their job is to ensure that the testator's wishes are carried out. If no executor is appointed, the state will appoint an executor. The testator can make any kind of property distribution they desire. Inheritance tax: Kansas doesn't have a general inheritance tax, but it does have a state estate tax. The differences are significant. Old laws in Kansas taxed the person receiving an inheritance. But as of 2010, the tax duty has been imposed on the estate rather than the beneficiary.
Must i be notified in writing of a repossession in pa?
no they do not have to notify you if they plan to repo your car
When an executor can no longer act what needs to happen for the next person in line to take over?
The executor must resign in writing or be removed by the court and the court must appoint a successor.
