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Questions Answered by Robert W. Hughes Jr.
2 Answers | Asked in Estate Planning for Georgia on
Q: Can a trustee deny a beneficiary her wishes as long as those wishes ate within reason?

For example the young ladies 21st birthday is coming up and she has made requests on the things that she would like to do. The trustee has told the beneficiary no that she can not shop for clothes and shoes for the trip and that she can not get her hair done nor can she get a manicure or a pedicure... Read more »

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Mar 21, 2022

A trustee with discretion can deny a request for $$. He can't tell a beneficiary she get get her nails done or anything else. A trustee with discretion must use good faith in exercising his discretion.

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1 Answer | Asked in Probate for Georgia on
Q: Do I need a lawyer to file an objection to the petition of administration for a probate or can I file an objection. GA

8 children, 4 out of 8 were excluded in moms will. Since them one of the 4 has passed intestate with no spouse or children. So, the land and home which was shared interest 4 ways must now be divided 1/4 for the 3 in the will and 1/7 of the 1/4 for the split of the brother who passed intestate. The... Read more »

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Mar 9, 2022

You do not need a lawyer to file a caveat. As I tell folks all the time, you don't need a dentist to pull a tooth either. However, I would not recommend doing either without professional help. You should locate an attorney who handles probate matters to ensure you are getting the right advice.... Read more »

1 Answer | Asked in Divorce, Estate Planning, Family Law and Probate for Georgia on
Q: What happens in a separate maintenance decree after death?

Couple was living separately for 10 years, have no children, and the decree provided ~50/50 split of assets. Does the surviving spouse still have all the rights as a primary beneficiary if the other spouse dies intestate? Next of kin are surviving siblings.

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Mar 7, 2022

If a couple is living under a separate maintenance agreement when one of them dies, the couple is considered married for all purposes of inheritance. hose rights however can be altered by the terms of the separate maintenance agreement.

2 Answers | Asked in Family Law and Probate for Georgia on
Q: A will of a person who died in 2004 has NOT been distributed to one of the heirs. How can he secure what is due?

The beneficiary was named to receive the residence of the deceased as well as 25% of the estate. The deceased died in 2004 and the administrator has refused to make distribution.

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Mar 2, 2022

Is this estate in Georgia? If so, while it is highly unusual to wait 15 years to demand your inheritance, it is not too late if you did not sign a consent to discharge the executor and the estate is still open. You can call the probate court and ask if the estate is still open. You can file a... Read more »

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1 Answer | Asked in Probate for Georgia on
Q: Executor of the Estate in GA. Will the court pay me my Exector fee without asking them in front of kin or do I apply

Does court or lawyer bring this up when stored in as exector about my fees

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Dec 27, 2021

If you are the executor, you pay yourself the executor fees from the estate. The court does not pay you the fee. The court does not tell you to take the fee. That is something you need to handle with full disclosure to the beneficiaries.

1 Answer | Asked in Probate for Georgia on
Q: i have been the sole caregiver to my sister for over 20 years she has one adult daughter who has never provided anything

as my sisters sole caregiver can i not claim a share of her estate, she owned her home but had no will she was estranged from her daughter am i not entitled to compensation for the 20 plus years i took care of her why should a neglectful daughter get everything when she never showed her mother any... Read more »

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Oct 11, 2021

Without a will, you are not entitled to any inheritance unless you have a written caregiver agreement with your sister.

1 Answer | Asked in Estate Planning for Georgia on
Q: How to transfer a will to another County?

Will is Gordon County and Probate is in Cobb.

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Oct 10, 2021

I assume the Will is on file in the Gordon County Probate Court and the person who died is in Cobb County? If so, file your petition in Cobb and ask the court to contact Gordon County to have the will sentr to Cobb .

1 Answer | Asked in Estate Planning for Georgia on
Q: Q: My 1/2 sister took our 95 year old dad to her lawyer and changed his will after being on Alzheimer’s medicine for 7y.

There was an original will and everything was to be divided equally between us 3 but now it’s only her name to have his estate.

My dad did pass away 11/2020. My other sister and I filled A grievance with the probate court over they will.

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Oct 7, 2021

While you do not ask a question, I assume you want to know what to do. Until your father passes away and his will is offered for probate there is nothing you can do. Once the will is offered for probate, you should challenge the will by filing a Caveat to it in the probate court where the will is... Read more »

2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: My mother passed away my younger sister is executor. Dod she have the right to take mom's car? Divide everything.

My baby brother needs a vehicle. He asked my sister about moms car. And she said $1000. Is this correct.

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Sep 19, 2021

Your sister must follow the will. If there is no Will, then the court will have to appoint an Administrator to handle the estate. The court will appoint whomever the majority of heirs selects to be administrator.

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1 Answer | Asked in Probate for Georgia on
Q: I have questions about probating my mothers estate who passed away on April 20, 2021

Mom’s husband is my stepdad when she passed away he is selling all assets pocketing all the money I have one sibling and we are both My mothers biological children thanks

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Sep 13, 2021

If he is selling assets, it sounds like his name is on the accounts along with your mom. Otherwise, he would not be able to sell the assets. Therefore, you need to figure out if his name is no the accounts you are worried about.

1 Answer | Asked in Estate Planning for Georgia on
Q: If I die before the assets of my deceased Father are distributed will my wife inherent my portion of the estate?

We reside in Georgia.

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Sep 10, 2021

If you have a will leaving everything to your wife, she will inherit your inheritance. Otherwise, it is divided between your wife and your children.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Georgia on
Q: Does property left to "heirs of the heir" NEED to be held jointly?

"Heir" is deceased. Family decided widow is not a legal heir, so descended to children. Family insists property MUST be held jointly, giving control to one child, avoiding any input from other heir.

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Sep 4, 2021

First of all, the exact language in the will controls. Usually, just one sentence from the will is not sufficient to interpret the will. That said, the spouse is an heir, and is the primary heir. Assuming multiple children exist as heirs, they all stand on equal footing and the property should be... Read more »

1 Answer | Asked in Probate for Georgia on
Q: My father's wife filed a Petition for Year's Support and listed his entire estate. Will she get everything?

I filed an Objection, however I do not have the means for an attorney. Can I withdraw my objection or does it matter at this point? Also, does that mean that there will not be any probate if she is awarded the entire estate?

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Aug 26, 2021

She will get everything she asked for unless you fight it. There will be no probate filed if she includes all assets on the petition for year's support.

1 Answer | Asked in Probate for Georgia on
Q: I have objected to a Petition for Year's Support. A hearing has been scheduled but I don't know what to expect

I don't know what is expected of me and I don't know what to expect. I have no access to proof or evidence because I have not been allowed in my father's home since he has passed.

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Aug 26, 2021

You should have been conducting discovery in order to prove that the year's support is unwarranted. This will be a real trial sort of like you see on TV. You really ought to have a lawyer although at this point, it might be too late.

1 Answer | Asked in Probate for Georgia on
Q: Mom passed 4 years ago step dad passed away yesterday the house was in both names mom had 4 kids and 2 step kids?
Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Aug 21, 2021

Hopefully your moms estate was opened years ago. If not, need to open Dad's estate, then Mom's estate. Tuttle of property will determine who gets what.

2 Answers | Asked in Probate for Georgia on
Q: i took are of an elderly man i lived in his house for 3 yrs then he passed away last week i still live in house what are
Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Aug 19, 2021

You are a tenant in the house and can stay until you are evicted. You cannot be evicted until someone is in charge of the estate. Once an executor or personal representative is in charge, that person can begin eviction proceedings. You will need to pay the utility bills to keep the utilities on.... Read more »

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3 Answers | Asked in Estate Planning and Elder Law for Georgia on
Q: We did a will for my hubby who now is in the throes of Alzheimer's. I have Power of Attorney. What if I die first?

Is the Power of Attorney assignable? Is there another way to legally appoint someone to see to my affairs for my husband who isn't able?

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Jul 16, 2021

The power of attorney hopefully has a successor person identified to take over if something happens to you. If it does not, you cannot assign your power to another person.

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1 Answer | Asked in Probate for Georgia on
Q: Is there a way to get an inventory list if the will mentions O.C.G.A 53-7-33? Is there a way around it?

My father in law died, leaving my husband everything and naming him the executor to his will too.

My husband died before he could finish the probate process. Our children (Minors) are now the heirs but the new executor won't tell us what's there. We have repeatedly asked for an... Read more »

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Jun 21, 2021

You did not mention whether your children are adults or minors. If adults, they need to file a petition for settlement of accounts with the probate court that issued letters. You probably should consult with an attorney specializing in probate work for assistance.

1 Answer | Asked in Estate Planning, Family Law and Probate for Georgia on
Q: Once a ward was granted an emergency conservatorship is it legal to close all wards accounts

Prior to them consulting the ward. Law states that 60 days after appointed over ward either by hand delivered or date stamped mail they are to sit with ward listen to them & inventory assets. They have not even contacted ward & 60 days are up however she closed all the accounts leaving... Read more »

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Jun 14, 2021

yes as to closing accounts. Call conservator and make an appointment for ward to visit. Share your concerns at that meeting. Get a budget established. If all else fails, contact probate court.

1 Answer | Asked in Estate Planning and Family Law for Georgia on
Q: Is the conservator then allowed to close all your financial ACCTS prior to speaking with ward? I

And is that considered the 60 days from served documents the notice put shows no letters from the courts that were to be mailed or hand delivered? Conservator hasn't as much called or anything to see what he needs but closed all His accounts leaving him w no $ not even being to get gas to... Read more »

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Jun 14, 2021

I do not understand your question. I'm sorry.

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