Legal Question in Wills and Trusts in Georgia
proxy
my brother recently died.
he has no heirs except his siblings:
because of the distance of our residences we would like to appoint our brother in georgia
to act as our proxy in all matters relating to our deceased brother's estate.
is there a form that we can use to accomplish this.
thanks in advance
4 Answers from Attorneys
Re: proxy
In what State did your deceased brother live?
Re: proxy
I practice in GA and I can tell you that most clerk's offices are loathe to give legal advice. You should contact an attorney in the county of the residence of your brother.
Re: proxy
You need an attorney drafted form. Very easy. I suggest you talk to a probate attorney in the county of death. I am in Sacramento County and serve all of northern California. Let me know if I can help!
Re: proxy
Every state has a probate code and procedures to probate the deceased's estate. Every state has a small estate exception to the probate of the deceased's estate. That's his property. So first off you need to find out if the estate is so large that it has to be probated. And these values vary greatly from state to state. Then if the estate has to be probated hire an attorney in Georgia to do it, and tell the attorney to petition the probate court to appoint the brother living there as the 'administrator'. 'Executor' if the deceased brother has a Will. And names some one in the Will. If the estate is small enough that there is no requirement to probate then you can probably use a limited power of attorney to appoint your brother to the job of distributing the estate. There may be in Georgia state wide or local court forms to use to appoint someone to the job. Some times on the internet you can purchase; or they are forms there for free for a very nominal sum to accomplish what you need to do. In California the forms are some times court generated forms or sometimes they have to be drafted by someone. However, in either case they are usually avalable on the internet. Lots of luck! In California someone usually only needs to fill out the appropriate forms, and claim they've been appointed by everyone. It's so easy it's scary. If the estate qualifies for the small estate exception.