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Questions Answered by Robert W. Hughes Jr.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 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.
Robert W. Hughes Jr. answered on Jun 14, 2021

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

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 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 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 »

1 Answer | Asked in Estate Planning for Georgia on
Q: when a loved ones dies and their wife passed before them does it go to blood relatives or her family which are not blood

my grandad passed and left in his will everything to his wife which was our step grandmother. She passed a few months before him and my grandad left her son-n-law executor. He is telling me that since she is no longer here it will go to her kids instead of us grandkids that are blood. Is this... Read more »

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

This is a difficult question to answer. It all depends on exactly how the will is written. Generally, the bequest to thee wife will go to the contingent beneficiaries, but not always.

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