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Georgia Probate Questions & Answers
1 Answer | Asked in Probate for Georgia on
Q: Dad passed away. Fidelity tells me I am entitled to benefits. It's been 6 weeks, they are calculating before sending.
T. Augustus Claus
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answered on Oct 25, 2023

If you've been informed by Fidelity that you are entitled to benefits following your father's passing, but it has been six weeks and the benefits have not been disbursed, it's advisable to follow up with Fidelity to check on the status of your claim and the reason for the delay. You... View More

1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: Husband passed away owning royalty rights in LA. Rights were devised to me. How do I get them changed into my name?
James Clifton
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James Clifton
answered on Oct 15, 2023

Your husband's will needs to be probated. After it has been probated, the executor should provide the royalty administrator with a copy of the will, the death certificate, the letters testamentary, and a request to transfer the royalties to you. Once that has been done, the royalty... View More

1 Answer | Asked in Probate and Gov & Administrative Law for Georgia on
Q: My step-brother, who was never adopted by my father, has had his name listed on my father's death certificate as son.

What can be done to correct this in the state of Georgia

James Clifton
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James Clifton
answered on Oct 10, 2023

You can send a request to amend the death certificate to the Department of Public Health. If a funeral home was involved with the arrangements following the death of your father, they may be able to assist with the correction. If you need additional help with probate, schedule a free consultation... View More

1 Answer | Asked in Probate for Georgia on
Q: Both my mother and step-dad had their wills done at the same time. Which will stands good or to go by?

My step dad and mother had wills done at the same time. My step dad passed away, two years later My mother passed. My siblings and I agreed I take over the payments of the house and I buy them out instead of selling the house. The agreement was if one of the children purchase then we pay what they... View More

John Michael Frick
John Michael Frick
answered on Sep 30, 2023

Since your stepfather died first, you should have received 50% of the home subject to the mortgage.

If your stepfather’s estate didn’t make other arrangements to pay off the mortgage, you and your mother likely would have had to refinance to pay off that mortgage, with you and your...
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1 Answer | Asked in Probate for Georgia on
Q: I have a will. From my deceased wife. I need to file a probate case. To get my name on house insurance and the deed.
James Clifton
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James Clifton
answered on Sep 19, 2023

You will most likely need to probate the will in solemn form. If you are also named as the executor, once you are appointed as executor with letters testamentary issued, you can then transfer the property into your name once the creditor claims period has expired. You can also manage insurance and... View More

1 Answer | Asked in Probate for Georgia on
Q: My dad recently died. He never collected pension after retired. He does has survivor benefits. How calcuated?
T. Augustus Claus
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answered on Sep 13, 2023

The calculation and availability of survivor benefits in your dad's pension plan would primarily depend on the specific terms and provisions of that plan. Typically, pension plans offer survivor benefits to spouses and, in some cases, other designated beneficiaries.

To understand the...
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1 Answer | Asked in Employment Law and Probate for Georgia on
Q: In the state of Georgia, can a wife collect deceased husbands unpaid Unemployment? Married over 10 years.

Or do I need an executive of state

T. Augustus Claus
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answered on Sep 12, 2023

In the state of Georgia, a surviving spouse may have the possibility to collect the unpaid unemployment benefits of a deceased husband under specific circumstances. One crucial factor is the duration of the marriage, and a marriage lasting over ten years could potentially meet the eligibility... View More

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Hi, My name is Denise. I am the executor of my grandmother's will, and I am trying to probate her will.

The Judge states that the codicil is not self-proven. Interrogatories to Witness to Will are being asked for. If said witnesses cannot be notified, what would be my next course of action? I have the original Will, but the original Codicil is with a copy of the Will records in another county. I did... View More

James Clifton
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James Clifton
answered on Aug 19, 2023

In order to be self-proven, a will or a codicil has to have a self-proving affidavit attached to it pursuant to OCGA 53-4-24. Since the codicil in question does not have a self-proving affidavit, interrogatories to the witness must be produced to confirm to the court that the will was signed as... View More

3 Answers | Asked in Real Estate Law, Probate and Estate Planning for Georgia on
Q: If I have a mortgage on my property in Georgia, can I put the property in my trust's name?

The house has not been paid off as yet

Nina Whitehurst
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answered on Aug 16, 2023

Yes, you can transfer your property to your trust. All that is required to effect the transfer is a deed.

The real question is what are the consequences if/when your lender finds out. The answer to that question depends on whether the property is residential or non-residential and whether...
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1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: In the state of Georgia, my deceased aunt left me her estate once my uncle passes. My uncle remarried. Can this change?
James Clifton
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James Clifton
answered on Aug 15, 2023

It depends on the wording in the will, but generally, yes, it can change and often does - children, siblings, nieces, and nephews get disinherited when a parent remarries and leaves everything to the new spouse. Schedule a free consultation so that your aunt's will can get reviewed to see what... View More

2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: Is it mandatory to get a bond for entire estate? Also, if we are unable to get a bond over 100k what options do we have
Anthony M. Avery
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answered on Aug 11, 2023

You can ask the Probate Judge to set a lower fiduciary bond. But usually someone else that can qualify for that bond requests to become administrator, sometimes an attorney. You may be including items which are not part of the Estate. Consult with a GA attorney that knows Probate, and you can... View More

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2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: Is it mandatory to get a bond for entire estate? Also, if we are unable to get a bond over 100k what options do we have
James Clifton
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James Clifton
answered on Aug 11, 2023

Unfortunately, if you cannot qualify for a bond high enough to meet the court's minimum requirements, you may not be able to administer the estate. If no beneficiaries or interested parties qualify, the court would likely appoint an administrator to handle it. Schedule a free consultation to... View More

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1 Answer | Asked in Probate for Georgia on
Q: Can I ask the probate court to have someone return money that was stolen from estate?

Money was stolen from my fathers estate in 2015.I know the amount that was taken and who took it.I also have documented evidence to prove it.Is it to late to ask the probate judge to have this money returned?

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Aug 8, 2023

The court cannot order someone to return the money. Even if everything you say is true and the thief admits it. The court can give the estate a judgment against the thief. That's all a judge can do.

If the thief was (is) the personal representative and under a bond, getting judgment...
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1 Answer | Asked in Estate Planning, Landlord - Tenant, Real Estate Law and Probate for Georgia on
Q: Is it possible to evict an estate?

I lost my grandparents around 3 years ago. My mother, also the executor of both estates (and bear in mind we have an extremely strained relationship), inherited almost everything while I ended up with the house. I have received a deed with clear title and it has been filed with the local superior... View More

James Clifton
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James Clifton
answered on Aug 5, 2023

If the estates are still open, your best bet would be to petition the probate court to have the items removed or have the estate pay you a storage fee. You could make a claim as a creditor. Since you are the legal owner, you technically have the right to have the remaining personal property removed... View More

1 Answer | Asked in Probate for Georgia on
Q: How long does it take for probate court to have heirs served by sheriff after petition to be executor is done?
T. Augustus Claus
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answered on Aug 2, 2023

The time it takes for heirs to be served by the sheriff after the petition to be the executor is filed in probate court can vary depending on the specific circumstances and workload of the court. In Georgia, the process typically takes a few weeks to a few months. The court will need to review the... View More

1 Answer | Asked in Probate for Georgia on
Q: Dad left everything to me in will. He has pension survivor benefit, no beneficiary listed. Do I share with anyone?
Anthony M. Avery
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answered on Aug 2, 2023

You will have to file Will for Probate or all the Heirs/ Next of Kin take. That pension might be deemed an Estate asset, and with Letters Testamentary you will be able to demand it be paid into the Estate. If administrator refuses, you will have standing to sue for breach of contract/conversion.

2 Answers | Asked in Estate Planning, Personal Injury and Probate for Georgia on
Q: How does a potential heir waive right to claim in Georgia

Deceased killed in accident. Surviving spouse seeks waiver of right of potential heir to receive assets or income from estate. What document is needed?

James Clifton
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James Clifton
answered on Jul 31, 2023

If there is a surviving spouse and children, all of them would be entitled to compensation from the wrongful death claim. The children would need to file renunciations in order for the spouse to receive full compensation from the wrongful death claim. You are likely dealing with very complicated... View More

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2 Answers | Asked in Estate Planning, Personal Injury and Probate for Georgia on
Q: How does a potential heir waive right to claim in Georgia

Deceased killed in accident. Surviving spouse seeks waiver of right of potential heir to receive assets or income from estate. What document is needed?

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Jul 31, 2023

This is far more complicated than it seems. If the spouse has a wrongful death claim, and elects not to pursue it, the claim goes away. No one else can pursue it. If she wants to pursue the claim, but does not want the money, she has to first get it, and then give it away, which comes with gift tax... View More

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1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: When a person dies without a will and has established a living trust, does the trust effectively become the will in SC?

Is this still true if the trust has not been funded?

Nina Whitehurst
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answered on Jul 30, 2023

If the trust is unfunded, then all of the decedent’s assets that do not have beneficiary designations become part of the decedent’s probate estate and, having no will, the decedent’s estate will be governed by the laws of intestate succession.

This demonstrates a classic estate...
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1 Answer | Asked in Estate Planning, Family Law, Civil Litigation and Probate for Georgia on
Q: Can my sister legally have the house put in solely her name without consent of other 4 children

My mother died without a will. She has 5 living children. Her husband previously passed. In the state of Georgia

James Clifton
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James Clifton
answered on Jul 23, 2023

No, your sister cannot put it in her name solely. In order to transfer the property from your mother, a probate administration will have to be opened for your mother's estate. From the probate case, the property will either transfer to all of the children equally, or it will need to be sold to... View More

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