GA,
So I am In the Military and I am currently deployed and my wife gets this letter and this is basically what it says. I would Like to use the Soldiers and sailors act and I don’t want to Sign anything. Your advice would be greatly appreciated so that I can get things somewhat straight until I return from my deployment.
Dear ####:
I hope that this letter finds you well.
As you know, this firm represents the estate of your father, @@@ departed this life with a lot of credit card debt and Lisa is unable to pay the same being that there is no money in the estate. Pursuant thereto, please find the enclosed a petition for year's support that we intend to file on her behalf. The goal of this form is to convince the creditors to withdraw their claims against the estate.
Please do not hesitate to contact us if you have any questions or concerns.
With Best Regards, I am
Lawyer’s name
Then there's another thick ass paper entitled Petition for Year's Support
I can't type all that out and I doubt it would make any sense to you anyway, it makes none to me. I see things on there about Property, Georgia Department of Revenue...
The first line reads:
The amount set apart shall be an amount sufficient to maintain the standard of living that the surviving spouse and each minor child prior to death of the testator or intestate, for a period of 12 months, taking into consideration the following: (1) the support available to the individual for whom the property or money is to be set apart, from sources other than year's support, including but not limited to any separate estates and earning capacity of that individual; and (2) such other relevant criteria as the court deems equitable and proper, including the solvency of the estate.
(3) This petition must be filed within 24 months after the decedent's death.
(4) The Petitioner or his/her/their attorney must prepare and file with court, no later than the date of the Final Order, a Georgia Department of Revenue Form PT-61 for each parcel of real property located in the state of Georgia shown on Exhibit A.
(5) Exhibit "B" requires that a definitive statement be made to show to the court that all of the heirs of the decedent are named herein and that there are no heirs of the same or closer degree according to O.C.G.A 53-2-1. Provide the date of death for any deceased heirs. NOTE: If you are uncertain how to determine the heirs of a decedent, please refer to the "Heirs Determination Sheet" available from the probate court or at gaprobate.org :: Homepage for Georgia Probate Courts. Examples of such statement would be: a decedent was or was not married at the time of his death and had no children born, adopted or living or deceased, other than listed herein, decedent had no other siblings half or whole other than those listed herein, the decedents brother who died previously had no other children born, adopted, living or deceased, other than listed herein.
(6) Exhibit B also requires that the Tax Commissioner be listed for each county in which there is real property owned by the decedent.
(6) According to Probate Court Rule 5.6 Unless the court specifically assumes the responsibility, it is the responsibility of the moving party to prepare the proper citation and deliver it properly so it can be served according to law. Pages after 8 which are labeled "court" are to be completed by the moving party, unless otherwise directed by the court.
The next page is Lisa's Year Support Petition stating:
The decedent's estate consists of real and/or personal property of the probable value of $2,102.39 and 16% minority stock ownership in Simon Holdings, Inc. with no known present book value dollars.
It states Lisa is entitled, before the payment of debts of the decedent, to an allowance called Year's Support, which petitioner hereby claims for the individual named above.
Schedule of Property
The following is a schedule of the property or a statement of the amount of money or both which the petitioner proposes to have set aside as year's support:
$2,102.39 which is the present value of the estate and dividends, if any, paid out from the 16% minority stock ownership in company Holdings, Inc. ( Holdings, Inc. is a small, family-run corporation with no known book value)
Petitioner was recently terminated from employment at the Holdings, Inc. and is not presently employed.
List of interested persons
Petitioner hereby certifies that petitioner has made reasonable inquiry to ascertain the names, last known addresses, and ages(if under 18) and all of the interested persons with respect to the within matter. Petitioner understands that, for purposes of this affidavit, the term "interested person" refers to the above named decedent's children, spouse, other heirs, beneficiaries, creditors, and any others having a property right or claim against the estate which may be affected by the above Year's Support proceeding, including but not limited to the Tax Commissioner for each county in which there is real property owned by the decedent. Petitioner hereby certifies that the following are all of the interested persons known to Petitioner with respect to this matter and that any incapacitated adults are identified as such:
So I am In the Military and I am currently deployed and my wife gets this letter and this is basically what it says. I would Like to use the Soldiers and sailors act and I don’t want to Sign anything. Your advice would be greatly appreciated so that I can get things somewhat straight until I return from my deployment.
Dear ####:
I hope that this letter finds you well.
As you know, this firm represents the estate of your father, @@@ departed this life with a lot of credit card debt and Lisa is unable to pay the same being that there is no money in the estate. Pursuant thereto, please find the enclosed a petition for year's support that we intend to file on her behalf. The goal of this form is to convince the creditors to withdraw their claims against the estate.
Please do not hesitate to contact us if you have any questions or concerns.
With Best Regards, I am
Lawyer’s name
Then there's another thick ass paper entitled Petition for Year's Support
I can't type all that out and I doubt it would make any sense to you anyway, it makes none to me. I see things on there about Property, Georgia Department of Revenue...
The first line reads:
The amount set apart shall be an amount sufficient to maintain the standard of living that the surviving spouse and each minor child prior to death of the testator or intestate, for a period of 12 months, taking into consideration the following: (1) the support available to the individual for whom the property or money is to be set apart, from sources other than year's support, including but not limited to any separate estates and earning capacity of that individual; and (2) such other relevant criteria as the court deems equitable and proper, including the solvency of the estate.
(3) This petition must be filed within 24 months after the decedent's death.
(4) The Petitioner or his/her/their attorney must prepare and file with court, no later than the date of the Final Order, a Georgia Department of Revenue Form PT-61 for each parcel of real property located in the state of Georgia shown on Exhibit A.
(5) Exhibit "B" requires that a definitive statement be made to show to the court that all of the heirs of the decedent are named herein and that there are no heirs of the same or closer degree according to O.C.G.A 53-2-1. Provide the date of death for any deceased heirs. NOTE: If you are uncertain how to determine the heirs of a decedent, please refer to the "Heirs Determination Sheet" available from the probate court or at gaprobate.org :: Homepage for Georgia Probate Courts. Examples of such statement would be: a decedent was or was not married at the time of his death and had no children born, adopted or living or deceased, other than listed herein, decedent had no other siblings half or whole other than those listed herein, the decedents brother who died previously had no other children born, adopted, living or deceased, other than listed herein.
(6) Exhibit B also requires that the Tax Commissioner be listed for each county in which there is real property owned by the decedent.
(6) According to Probate Court Rule 5.6 Unless the court specifically assumes the responsibility, it is the responsibility of the moving party to prepare the proper citation and deliver it properly so it can be served according to law. Pages after 8 which are labeled "court" are to be completed by the moving party, unless otherwise directed by the court.
The next page is Lisa's Year Support Petition stating:
The decedent's estate consists of real and/or personal property of the probable value of $2,102.39 and 16% minority stock ownership in Simon Holdings, Inc. with no known present book value dollars.
It states Lisa is entitled, before the payment of debts of the decedent, to an allowance called Year's Support, which petitioner hereby claims for the individual named above.
Schedule of Property
The following is a schedule of the property or a statement of the amount of money or both which the petitioner proposes to have set aside as year's support:
$2,102.39 which is the present value of the estate and dividends, if any, paid out from the 16% minority stock ownership in company Holdings, Inc. ( Holdings, Inc. is a small, family-run corporation with no known book value)
Petitioner was recently terminated from employment at the Holdings, Inc. and is not presently employed.
List of interested persons
Petitioner hereby certifies that petitioner has made reasonable inquiry to ascertain the names, last known addresses, and ages(if under 18) and all of the interested persons with respect to the within matter. Petitioner understands that, for purposes of this affidavit, the term "interested person" refers to the above named decedent's children, spouse, other heirs, beneficiaries, creditors, and any others having a property right or claim against the estate which may be affected by the above Year's Support proceeding, including but not limited to the Tax Commissioner for each county in which there is real property owned by the decedent. Petitioner hereby certifies that the following are all of the interested persons known to Petitioner with respect to this matter and that any incapacitated adults are identified as such:
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