i live in georgia my father's estate is in new york where should my attorney reside

How do I establish authority as executor of my father's estate?

Apr 11, 2019 · Even if permission is granted, the best practice is for the executor to pay a market rate rent to the estate. The theory behind paying market rent is that if the executor were not living in the home, then the home could be rented to someone else, and that person would pay rent to the estate. So, the executor should do likewise.

Should I file an estate tax return for my father?

Jun 18, 2019 · Read 1 Answer from lawyers to My father passed away and his estate is in GA. His second wife -not my mother- refuses to go to probate. I live in NJ. - Georgia Probate Questions & Answers - Justia Ask a Lawyer

Do I have to pay rent if I live in father's house?

Feb 26, 2019 · While your will should still be valid in the new state, there may be differences in the new state's laws that may make certain provisions of the will invalid. In addition, moving is a good excuse to consult an attorney to make sure your estate plan in general is up to date.

How do I file for probate of my father's estate?

May 04, 2021 ·

How long does an executor have to settle an estate NY?

The average length of the basic steps in the probate process in New York include: Appointment as administrator or executor of the estate: About four to six months. Settling the estate: About six to nine months. Closing the estate: About two to three months.Oct 26, 2021

How long do you have to settle an estate in Georgia?

Under Georgia law, there is no time limit on settling an estate. After your loved one passes away, there is no set number of days or months to open an estate. The usual time frame is from two weeks to as long as six months.Dec 25, 2020

How does probate work in Georgia?

Probate is a court-supervised legal process that may be required after someone dies. Probate gives someone, usually the surviving spouse or other close family member, authority to gather the deceased person's assets, pay debts and taxes, and eventually transfer assets to the people who inherit them.

How long does an executor have to distribute assets in New York State?

In New York State, an estate should remain open for seven months before distributions are made. After this seven month period, the executor may be able to start making distributions to the beneficiaries, if all expenses and taxes are paid.

What is the small estate limit in Georgia?

In Georgia, if you die with less than $10,000 in a bank account, a family member, or legal heir, may obtain a simplified small estate affidavit from the Probate Court to gain access to this account. Beyond this small estate provision, most Wills will go through one type of formal probate process.Apr 24, 2019

How much does an estate have to be worth to go to probate in Georgia?

It may not exceed ten percent of the annual income of the property being managed. The code also lists reasonable compensation not to exceed three percent of the appraised value of the estate or what would be considered fair value by the judge if no appraisal has been done.

How do you avoid probate in Georgia?

3 Simple Ways To Avoid Probate In GeorgiaEstablish A Living Trust. When you set up a living trust, your property and assets are passed directly to the beneficiaries you name. ... Name Specific Beneficiaries For Your Accounts. ... Establish Joint Ownership of Any Property In Your Name.Sep 11, 2018

Is probate difficult in Georgia?

Georgia has among the most user-friendly of probate laws, allowing many estates to avoid probate altogether, as well as streamlining the administration of most estates that are probated. Because of this, there are some unique considerations for estate planning.

How much does an estate have to be worth to go to probate?

Every state has laws that spell out how much an estate would need to be worth to require the full probate process—anywhere from $10,000 to $275,000.Dec 17, 2021

Why do you have to wait 6 months after probate?

Inheritance Claims As this type of inheritance act claim must be made within six months of probate being granted, solicitors often hold onto money owned by the estate until this time-period has elapsed. This ensures the estate has the assets required should an inheritance act arise.Jul 7, 2019

When can assets From A will be distributed?

How long after probate until funds can be distributed? It can take around 3 – 6 months to distribute funds after probate has been granted. However, this can vary dramatically between estates. It is recommended to wait to start distribution to beneficiaries until the estate's debts and liabilities have been settled.Dec 1, 2021

How do you settle an estate in New York?

Settling an Estate in New YorkFile the original will, death certificate and a petition for probate with the court in the county where the decedent lived.The court will appoint an executor or personal representative to act on behalf of the estate. ... The executor will notify heirs and creditors of probate.More items...