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Georgia Probate Questions & Answers
1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Georgia on
Q: How would I get my nephew out of my house? He has been living with my parents who recently died the house is in my name.

Living there on and off for a year and has mail come there.

Homer P Jordan IV
Homer P Jordan IV answered on Jul 20, 2021

If it’s legally your house then you can have him evicted. You will need to go the legal route to do so.

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Looking for the Georgia code concerning inheritance of an only child. without probation of a will.

Need the code which states an only child must provide three affidavits stating the person is indeed an only child

Michael D. Birchmore
Michael D. Birchmore answered on Jun 25, 2021

Not saying you will find it, but the Probate section of the Official Code of Georgia Annotated (OCGA) can be found here:

https://law.justia.com/codes/georgia/2019/

2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: Can my Father keep a check written to him from my brother who passed away on 11/7/20. Check dated 11/6/20

My brother didn't have a will. He was still legally married, but his wife moved out of their home in 2015. My father moved in to physically care for him in 2016, due to declining health. I began helping him manage his small trucking business. He had me write the check and sign his name,... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Jun 24, 2021

Who is “she” that you are referring to? The ex who left him in 2015? Your question is a little confusing. You may want to consult with attorney who can review the facts and provide you with guidance.

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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.
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.
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 Probate for Georgia on
Q: I was my sister-in-law payee. I need to pay her bills but bank closed account. What do I do to pay her bills?

She only has about $1500 in account. She needs to pay her soc sec back, her cable, phone and water bill. She may also have medical bills left. Hoping her $1500 will cover it. But the bank said I need to go through probate in order to allow the bank to pay the bills. What if she has passed... Read more »

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

Sounds like you need to apply for guardianship and conservatorship.

1 Answer | Asked in Child Custody and Probate for Georgia on
Q: My sons grandma has temp guardianship, it was to help me until I got back on my feet she now refuses to give him back

I have my own house my own car , I have a job I’m able to provide. She’s being spiteful and doesn’t want to give him back to me. She manipulated me into all of this & then once I figured out what she was doing I asked her if I could have my son back. And she told me that I needed to have... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 14, 2021

Given that you have described this person as you did, the best advice that I can provide is that you should retain an attorney to assist you in this matter.

1 Answer | Asked in Probate for Georgia on
Q: I have lived with my boyfriend almost 16 years he died 2 weeks ago without a will

The land was in his and his brothers name the home his only he was legally still married but separated for over 25 yrs. He wanted me to always have a home here for long as I wanted if he died. Can his family kick me out and things we bought while together do I have to let them take it all

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

Depending on how the land was held with his brother, the land now belongs to the brother or still remains in your boyfriend's name. Without a will from your boyfriend leaving you property, you will not inherit anything. Further, whomever does inherit will be able to evict you from the... Read more »

1 Answer | Asked in Probate for Georgia on
Q: Can a property not in deceased name be resurveyed back into estate during will probate?

My grandparents gave my dad 1.5 acres out of 38+ acres in Georgia 40+ years ago. It has been in his name since, and he has paid the taxes. The remaining property belonged to grandparents.

My grandmother, who had survived my grandfather, died in January. My uncle is telling my dad that he is... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jun 3, 2021

If a deed was given to your father for the 1.5 acres, then it is your father's land. You should have a real estate lawyer run title on the land to ensure your father owns what he thinks he owns.

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: If it states in a will that my father wished to bequest nothing to me do i still get anything by law in Georgia?

My father passed in feb and my sister came up with a new will after 20 yrs of the old one being in place back in dec do i get anything and how do i find out if that will my sister has is real or not.

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Jun 1, 2021

If she tries to get the will admitted for probate, you can attempt to contest it, if you have valid reasons to believe he was under duress or not competent when it was executed.

1 Answer | Asked in Probate for Georgia on
Q: If heirs of a property (children) all have died, what portion does each grandchildren inherit

We own 110 acres in Georgia. All of the original heirs of this intestate estate have died. My cousins (10 in number) want to claim an equal amount per person of the the entire estate. With thr total number of grandchildren grtting an equal share. Me and my brothers pay a larger sum per person for... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 31, 2021

You should hire a competent GA attorney to search the title determine Heirship, possibly generating an Affidavit. If the owners cannot aggree, then an Action for a Partition Sale may be necessary.

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Are adopted siblings entitled to a deceased parent's estate after they were awarded back to the State before legal age?
Homer P Jordan IV
Homer P Jordan IV answered on May 27, 2021

It would be wise to consult with an attorney who can review the facts of your case in detail and provide you with guidance. We would need to know more about this case in order to provide you with guidance

1 Answer | Asked in Probate for Georgia on
Q: Probate Court Gordon County

I filled this Caveat with Gordon County probate Court I did this with information from the internet .. My mother died my evil sister made her sign a will all it said is everything is my sisters .. My mom would have never done this , A\ll the family members agree and have exabits in what I filled...... Read more »

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

First, a computer cannot contain an original will. It might contain a copy of an original will, but an original will is the actual one signed by your mother. As for your other questions, it takes a lot of evidence to overcome a will. You will need an attorney to make your case for you. These cases... Read more »

2 Answers | Asked in Divorce and Probate for Georgia on
Q: Is husband entitled to ex's settlement?

My husband's exwife filed some sort of medical claim or lawsuit while they were married. It is finally settled and she is just now getting compensation for it. Is he entitled to any of that?We are not really wanting any of it, however she has spent the last 2 years threatening to take him back... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on May 18, 2021

He has no claim on her settlement. Tell him to just ignore her. If they don't have any children together, there is no reason for them to communicate.

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1 Answer | Asked in Probate for Georgia on
Q: Life insurance on daughter who suddenly passed away. What "estate" paperwork does ins co need me to file?

Her deceased grandfather (my father) had taken out the $100,000 policy. She had less than $1000 to her name. My ex-wife had to file a small estate (?) because the hospital was billing her. My daughter was 31 years old and passed away last December.

Nina Whitehurst
Nina Whitehurst answered on May 4, 2021

Usually a life insurance policy has a designated death beneficiary, and all the beneficiary has to do is provide the life insurance company with a death certificate and the beneficiary's own contact information and identification.

If the primary beneficiary was not living when the...
Read more »

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Can an executor be exempt from fiduciary duties if the will stated they can be relieved from any bond?

Will states: he be relieved from giving any bond & making any inventory, appraisements nor returns of any kind whatsoever to any court.

Is there any way he could transfer the house to the estate & sell it without notice? The executor is not a family member and has not acted in good... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on May 2, 2021

Because the will excuses the executor from a bond or accountings, the executor still must meet his fiduciary duties. If you feel the executor is not properly performing his job, you should retain an attorney to assist you with enforcing your rights as an heir and beneficiary.

1 Answer | Asked in Probate and Real Estate Law for Georgia on
Q: Can a sole beneficiary with Letters of Administration use an Assent to Devise to transfer mortgaged home title to self?

If not the Assent to Devise, please tell the type of deed to use. Single parent was intestate. Only debt is mortgage. Legals in paper are running. Any info will help.

Michael D. Birchmore
Michael D. Birchmore answered on Apr 29, 2021

The best information anyone her can provide would be simply to seek professional assistance from a good probate attorney. This forum is not built for specific case procedures. There is no way you can provide enough relevant and critical information online.

1 Answer | Asked in Probate for Georgia on
Q: My 89 yr old mother passed away in January without a will she owed some credit cards but there is not enough to pay them

The only real assets she had was her home and a small bank account both of which also have my sister's name on them. How should we proceed with probate and not being able to pay the creditors? We are in Douglas County Georgia. Thank you

Anthony M. Avery
Anthony M. Avery answered on Apr 28, 2021

Probate would be a very bad mistake. Depending on the title to the house and the bank signature card, probably no action is the best course. An Affidavit of Heirship may be needed. Get the counsel of a competent attorney before you do anything.

1 Answer | Asked in Probate and Tax Law for Georgia on
Q: I have a litigation question. Almost three decades ago, my father lost everything he owned and didn't own due to unknown

reasons to this day; including an inheritance worth millions of dollars. Therefore, he owed the IRS a numerous amount of money. He ended up in the hospital and was treated for a financial breakdown. Moving forward, a few years later, he and my brother (who was only 18 years old at the time) started... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Apr 27, 2021

I hope that my colleagues who practice probate law will also answer your question as probate law is not my practice area of law. That said, however, not much in your description of facts makes sense when even basic legal principles are applied. I am not sure how taxes are avoided simply because... Read more »

1 Answer | Asked in Probate for Georgia on
Q: need to file letters of administration but my sister won't sign in agreement. can I still file and what are my options

all other heirs(6) are in agreement with me being the administrator. 1 sister is illiterate and will not agree to anything. what are my options. cant afford an attorney.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Apr 25, 2021

Yes, you still file the petition and ask the court to serve the petition on your sister. This is a routine problem. Your sister will have 30 days to respond once she is served with the papers.

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