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Questions Answered by Robert W. Hughes Jr.
2 Answers | Asked in Probate for Georgia on
Q: I received an Acknowledgment of Service and Assent to Probate Instanter, today. Is it really necessary that I return it?

I am the only other heir that received it. I was omitted from the Will, which is fine by me. My sister didn’t even notify any of family members of the passing of our Father

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Nov 7, 2019

You are not required to sign any documents. If you choose not to sign and return the documents, a sheriff will serve the documents on you. Even then, you are not required to take any action. If you don't object to the will, your signature will allow the process to proceed more smoothly and quicker.

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1 Answer | Asked in Probate for Georgia on
Q: A wife filed for divorce, but before completion, the husband dies without a will. who can execute in probate?

The husband has no living kids and the wife can't be the executor because she has a pending divorce. Should she dismiss the divorce action to be the executor, or is it not quite so easy?

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Nov 5, 2019

the divorce is automatically dismissed at his death when you let the superior court know he died. File for administration and ask that county administrator be appointed as personal representative. Wife will inherit all assets. A year's support might be a better option that administration. See a... Read more »

1 Answer | Asked in Estate Planning for Georgia on
Q: How long does it take to get letters of administration from DeKalb county Court in Georgia?

I am the named executor in a very simple will for a recently deceased relative who just had some cash and a few belongings. I have already filed the will and all necessary papers, but I'm getting answers all over the map about how long it takes to get the letters testamentary in order to begin... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Nov 3, 2019

It depends on whether all the heirs signed the Acknowledgment of Service and Assent to Probate Instanter. If so, you will have letters in less than a month. If everyone did not sign off, then service has to occur and it will take months to get letters.

2 Answers | Asked in Estate Planning for Georgia on
Q: My mom moved from GA to NC with me, we recently went to get a new license plate for her but we could not because the

title of her car had her name and her deceased husband's name on it with no and /or beside the name. The plate office told us to go to the clerk of court with a will and death certificate. When we got to the clerk of court they told us we had to go to GA as the title was in GA but we are a... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Nov 1, 2019

Nope. You need to ho to a tag office in the county where your parents lived. Your mom needs to bring the car title and the will. They will put her name only on the title. Then go back ton NC and transfer title to NC.

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2 Answers | Asked in Estate Planning for Georgia on
Q: I'm the only living heir to my dad's will before he passed he told my aunt that I will be left all he had but his sister

Who lived with him is hiding the will..I need to know how to recover a copy of the will so I can get the process started..I'm 38 with Congestive heart failure and stress is not healthy..I just need some direction on how to start this process

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Oct 31, 2019

That might be the best answer you could hope for. Without a will, and assuming your Dad was not married when he died, and you are his only child, you get everything. However, if there are other children who died before your dad, and those children have children, then you will share with those... Read more »

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1 Answer | Asked in Estate Planning for Georgia on
Q: Does Georgia require a witness in addition to a Notary for a Living Trust?
Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Oct 30, 2019

Trusts should be witnessed and notarized, not necessarily to be effective, but to insure the trust's ability to transact business moving forward. If the trust is going to transfer land, then it needs to be notarized. The presence of a witness further ratifies the validity of the trust. A living... Read more »

1 Answer | Asked in Probate for Georgia on
Q: In the State of Georgia when can a guardianship for a child turning 18 be filed.

I need this to be in effect on the day he turns 18 due to intellectual disability.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Oct 30, 2019

You can file for guardianship at any time. Certainly, if you are worried about SSI or other benefits flowing to your child when he reaches adulthood, you should start now. The process takes about 2 months. We usually start seeing people when the child is about 17 1/2 to start helping with the... Read more »

3 Answers | Asked in Criminal Law, Probate and Estate Planning for Georgia on
Q: My father was sworn in as Executor to my Grandfather’s Estate, and Georgia Probate Court suspended and then revoked him

as Executor, and embezzled the estate assets into my sisters company,

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Oct 19, 2019

If the question is "What's next?", then a new person has be be appointed executor or administrator. Thst person will then sue your grandfather and your sister for return of the property.

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1 Answer | Asked in Probate for Georgia on
Q: My mother passed away I'm the Executor of the will. My sister and I were the beneficiary but she is now deceased for

2yrs do I need her husband at the time of her death to sign the paper work to probate it.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Oct 16, 2019

Your sister's children would be the appropriate people to contact regarding the handling of the estate. Her husband is not an heir to your mother's estate. However, you need to determine whether the Will requires bequests to your sister to be paid to her heirs.

1 Answer | Asked in Probate for Georgia on
Q: How long does representative have to respond to damand for notice from probate court
Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Sep 29, 2019

The time to respond varies depending on the type of notice. It could be as few as 10 days or as many as 30 days.

1 Answer | Asked in Probate for Georgia on
Q: The sole member of an LLC to which I had given a deposit for landscaping work died before beginning the project. His

wife has filed a Petition for Year's Support, including the assets of the LLC in the petition. I am not listed as a creditor of the LLC, even though I have notified the LLC of the deposit owed to me. The bookeeper for the LLC tells me they intend to return my deposit (several thousand dollars),... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Sep 27, 2019

You should file an objection to the Petition for Year's Support. You also should file a claim against the estate for he money you paid the LLC.

2 Answers | Asked in Probate for Georgia on
Q: Ref to GA Code 53-2-1 does same apply to one having a will and dont want deceased son's minor childr to inhert anything

My widowed mother wants to leave her estate to me, her only living child and does not want my decease brother's minor children to have any claim to it and doesn't know how to do that.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Sep 23, 2019

She has to prepare a Will leaving everything to you. It is that simple. Without a Will, your brother's children share in the estate.

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1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: If my mother was made executor after my father's death in probate court does that mean that when she dies,she can leave

The house to only 2 children,instead of all 7? Im inGeorgia .joint tenancy with survivorship rights not printed on deed

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Sep 23, 2019

You stated that your mother was named executor of your father’s estate. That means your father had a will, and your mother is bound to deliver the property as your father requested in his will. If your father did not have a will, then your mother would be an administrator. She would have to... Read more »

2 Answers | Asked in Wrongful Death for Georgia on
Q: Can i take the pool/company to court

The man was under water for ten minutes and it took someone who wasnt even a lifeguard to inform them about him.There was no lifeguard vigilant at the area he was in. once they noticed him it took 1 minute to get him out of the pool. He eventually died because of drowning

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Sep 4, 2019

It is possible, but other facts are needed to fully explore whether somebody failed to follow proper safety rules resulting in this person's drowning. You should see an attorney knowledgeable in pool safety regulations to discuss your matter in greater detail.

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1 Answer | Asked in Estate Planning for Georgia on
Q: Who does my grandmother's property go to?

My mother is the only living child, my uncle had 4 kids Two over the age 18 and Two under.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Aug 14, 2019

If your grandmother was not married when she died, her two children will split her estate. Your uncle's four children will divide his half of the estate among themselves. Your mother will receive her half of the estate. This assumes your grandmother did not have a will.

1 Answer | Asked in Probate for Georgia on
Q: I would like referral to a probate court atty in 30143

My case lasted 2 years and we settled for lots of money. I am administrator and need atty to help determine fee to petition court. I needs to be a complete as possible.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jul 30, 2019

I am not certain what you mean by hiring a lawyer to help you determine the fee to the probate court. You should be able to call the court, tell it what you are filing and it will give you the fee for the filing.

1 Answer | Asked in Constitutional Law, Estate Planning and Real Estate Law for Georgia on
Q: My dad purched a house with inheritance for my grandmother that was left to him and his children. Can wife get house?

My grandma left money for grand kids and dad used it to but a house and land. Now that he has passed can wife just take the house?

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jul 15, 2019

I cannot answer the question without an answer to the following:

1. When you say left money for grand kids and Dad used it to buy a house, it is critical what the Will said that left the grand kids the money. If it simply leaves money to Dad for the benefit of children, that is one thing....
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1 Answer | Asked in Probate for Georgia on
Q: My husband died and our home is in both our names. There is no "joint tenancy" or "right of survivorship" on the deed

He has 2 sons in Florida that do not want the house in Georgia. What do they need to sign to allow me to have the house put in just my name?

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jul 5, 2019

You should file a petition for year's support and ask the sons to consent to it. It will transfer to you the half you do not own and cut your property taxes in half for one year.

1 Answer | Asked in Probate for Georgia on
Q: Dad left credit card debt and a house. Will the house be sold to cover debt in probate

My dad died without a will. He only has a house and car as assets both with loans. He also has alot of credit card debt and medical bills. Will I be able to keep the house or will it be ordered to be sold to cover the debts when I file a probate case or will the creditors put liens on the house... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jul 5, 2019

This question is not as easy to answer you you may hope.

First, it is the general rule that assets must be sold to pay debts. So, on first blush, if his debts are greater than the value of his equity in the house and the other assets he has, it probably makes no sense to open an estate....
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