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Community packs free legal seminar

BY BILLY BRUCE
The Valdosta Daily Times

Witnesses to wills in Georgia can be as young as 14 by law, but should be at least 18 by common sense, she said.

Executors are supposed to act in the best interests of the estate, so a family should not assign “the child who spends money freely” or could have ulterior motives as the executor, Walker noted.

“The executor cannot say ‘I am going to sell the house to a cousin for $20,000’ when the house is worth $100,000,’” Walker said. “You want to be sure you choose someone who is ethical and someone who has the heart and the integrity to make sure your wishes are carried out. Often times a family will choose someone outside the family to act as executor to avoid such situations.”

Also, attorneys should not be meddling in the execution of a will without consent from the executor, and family members should pay attention while the estate is administered by the executor. Normally, that’s not a problem, Walker said.

“Your average executor is going to try to manage the estate as thoroughly as they can because, as you can imagine, the executor may be dealing with any number of issues with other family members,” Walker said.

A question about using legal forms available through unofficial channels like local stores prompted this advice: “Yes you can go to Office Max or Office Depot and get the forms in some format, but you have to make sure those forms comply with Georgia state law. And make sure you don’t have the only copy of a will. You can place one in your attorney’s office, with another family member or in a safety deposit box,” Walker said.

So what if the person dies and the bank won’t allow entry to the deposit box?

“I know banks will seal a safety deposit box upon notification that the owner has passed away, but the bank will allow retrieval of the will from the box,” a woman in the audience offered.

As for foreclosure prevention, Evette D. Mills, rural development area specialist with the USDA, told the group of several programs the USDA offers qualifying applicants. The local USDA office off East U.S. 84 near the fairgrounds by Southland Church serves a 25 county area that includes Lowndes County.

“We have a lot of programs that conventional lenders can’t or don’t offer you,” Mills said. “Let’s say you have a medical emergency. We can impose a moratorium on your (federal government supplied) mortgage, and stop your mortgage payments for up to two years while you work through your situation.”

The mortgage is not extended, except that how ever many months were exempted from a monthly due payment would be tacked on at the end of the amortization schedule so full payment is obtained, without penalty, Mills said.

“If you have such a loan and find yourself in that situation, all we ask is that you do not file bankruptcy, because we have programs designed to help you keep your home and still take care of your mortgage,” Mills said.

Seniors 62 and older in Lowndes and surrounding counties can qualify for a 504 grant to pay for any home improvements that maintain the home in a safe and sanitary living condition, Mills explained.

But until the federal maximum population requirements are modified, those grants can’t be awarded to residents who live in the city limits of Valdosta because Valdosta has reached metropolitan service area levels, Mills said.

“We are working with HUD to amend those requirements,” she said.



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