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Questions Answered by Robert W. Hughes Jr.
1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Georgia on
Q: NEED A ESTATE LAWYER DEALING With PROBATE PROPERTY ISSUES
Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Dec 6, 2020

My firm handles only probate issues including real estate issues arising from the death of someone. Give us a call on Monday. 770-469-8887.

2 Answers | Asked in Estate Planning for Georgia on
Q: My aunt died she had 3 other siblings 2 are still alive 1 has died she had a daughter is that daughter considered a heir

Also she had no kids

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Oct 20, 2020

Your aunt's will determines who inherits. If she never had any children and she was not married when she died, her parents will inherit. If her parents are dead, her siblings inherit. If the deceased siblings has children, those children will inherit their parent's share.

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2 Answers | Asked in Probate for Georgia on
Q: spouse of 13 yrs died w/o will in GA. He had real-estate lot and 3 cars in his name. No children. Only wife.

Can wife sell house to pay off mortgage and transfer cars without probate?

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Oct 19, 2020

Sort of. Spouse needs to file a petition for year's support. This will allow the transfer without opening an estate. Otherwise, you have to open an estate.

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2 Answers | Asked in Probate for Georgia on
Q: As an heir of an estate still in probate in Georgia, can i request to see my mother's bank statements?

Our sister is not completely honest and not easy to give information. We feel she may have helped herself to $ while our mother was in hospital. Can we request this thru probate?

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Oct 15, 2020

Yes if there is a dispute otherwise. You might need to file a Petition for Settlement of Accounts. If you file that, you can get the documents you want.

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2 Answers | Asked in Probate for Georgia on
Q: How do I apply to be an Executor of my mother's recently deceased estate since she had no will. I have two sisters.

My mom died with out a will. For the last five years, I have been living with her and assisting with her care. She had told me it was her wish for me to be her executor of her estates when she passes. I do have two other sibling so I was not quite sure which forms and procures I need to go through... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Oct 8, 2020

You need to file a Petition to Appoint Permanent Administrator. You can get it from the court in Paulding County.

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2 Answers | Asked in Probate for Georgia on
Q: My father died May 2019. He appointed his business manager executor but will is not yet filed. What should we do?

Executor is also a major beneficiary. Also beneficiaries are my 2 sisters, step sister and me. Business manager owns a competing business and we feel there is a conflict of interest in his being executor. The business manager was left Dad's house plus ownership of the business, which he must... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Oct 8, 2020

You should have already hired a probate lawyer with experience not only in probate law, but also business law, to get this moving. The business could easily be run into the ground depriving you and your family of an inheritance. You need to file the will for probate and get the court involved... Read more »

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2 Answers | Asked in Wrongful Death for Georgia on
Q: When a settlement is reached in wrongful death case in Georgia, what is the protocol for allocating funds fairly?

Without "enlightened conscience of jury", how to allocate fairly to both estate and WD claims in order to satisfy equitably the heirs. Isn't there some sort of protocol or "golden rule"? Being a heir, I cannot decide things like pain and suffering prior to death and the... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Oct 5, 2020

You, unfortunately, are in a conflicted situation if there is a will and it directs the estate to be divided differently than the intestate laws provide. As an heir, you do not have any decisions to make. Only the personal representative of the estate can allocate money to the estate, or at least... Read more »

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2 Answers | Asked in Probate for Georgia on
Q: My step grandfather died. He was the legal guardian of my sister. Does my sister count as an heir in probate court?

He was a resident of Georgia. His wife, our grandmother, preceded him in death.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Oct 5, 2020

Legal guardians are not heirs.

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1 Answer | Asked in Probate for Georgia on
Q: can I become administrator of an estate if one heir agrees and the other one does not?

I got legal custody of my nephew when he was two and a half, he was in foster care since he was about six weeks old. He died in a car accident in July, he was 21 and had no will. I have requested to become administrator of his estate, my brother signed the form, my nephew's mother refuses... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Oct 4, 2020

No, and you will not receive any if the wrongful death proceeds either unless the child was legally yours. The natural mother and father are his heirs.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Georgia on
Q: Do an heir's interests in a will passes to their offsprings if heir dies intestate and dies after the deceased?

My grandfather passed away in 2007, and leaves real estate to all his children and to the offsprings of a deceased daughter who was already dead at time will was written.

This will is now in probate and three children of my grandfather are now dead. Because the will originally bequeathed... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Sep 25, 2020

I don't like not giving advice when someone writes in and ask for it, but your questions are too complex to give a general answer to. A lawyer experienced in probate law needs to examine all the wills and the dates of death of all concerned to give you a firm answer as to who is entitled to... Read more »

1 Answer | Asked in Probate for Georgia on
Q: Mom passed away in Florida ,I live in Georgia, no beneficiaries on bank accounts can I probate from Ga. To have access
Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Sep 12, 2020

Only if your mother did not own property in Florida xan you open an estate in Georgia.

1 Answer | Asked in Probate for Georgia on
Q: Will probate

My father made a will 1 year before he died. The will is going to one of his friends. He mentioned mY brother on the will as a listed child; however, he didn’t mention me at all! Does it worth it to object on this will?

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Sep 6, 2020

You will need to ask an attorney from the state where your father was living when he died. In Georgia, the only way for an omitted child to get back in a will is if the child can prove the parent thought the child was dead.

3 Answers | Asked in Divorce, Estate Planning and Family Law for Georgia on
Q: My husband and I divorced 10 years ago in the divorce decree we both kept our own IRA’s

He never changed me as the beneficiary am I legally able to collect?

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Sep 4, 2020

The answer depends on the exact wording of your settlement agreement and divorce decree. You should retain an attorney specializing in provate matters to assist you with this matter.

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1 Answer | Asked in Probate for Georgia on
Q: My father recently died intestate (without a will). He had multiple IRA's with beneficiaries listed as myself

and my brother. However, my brother also died intestate and had no kids, and died months before my father. Would the amount of money left to my brother be given to me, or my mother since she is still living? My mother has been divorced from my father since 2002. We live in Georgia.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Sep 1, 2020

If you are listed as beneficiary, then you are entitled to your share of the accounts on which you are a beneficiary. Whether the listing of your brother as a beneficiary and he died before your means his heirs get the money or you get the money depends on the wording of the beneficiary statement.... Read more »

1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: Probating a Will for ownership of properties in multiple counties, what happens if it isn't done in one county?

A husband and wife own retail property in Cobb Co and reside in Paulding. The husband dies and leaves his half ownership to his son. The will was probated in Paulding for the home. Searching property records, the deceased husband is still listed as owner on the Cobb commercial building. Does this... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Aug 29, 2020

You probate a will only in the county where the deceased lived. Once you probate the will, the executor then transfers the real estate wherever it is in Georgia to the designated beneficiaries. Until that is done, the executor still has work to do.

2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: My grandfather’s will (1993) left his tractor to his son-in-law he got a new tractor in 1996 who can get tractor?

Is the new tractor part of the will even though it was bought after the Will was made? The older tractor was sold many years ago. The will just says tractor and has no identification number or make and model.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Aug 29, 2020

If the will says, " X gets my tractor. ", then X gets tractors owned by grandfather at his death. It doesn't matter when the tractor(s) were acquired.

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1 Answer | Asked in Estate Planning for Georgia on
Q: My mother died 20 yrs ago with no will. There is 5 other siblings.

I have lived with her at her house since the 70's. I have paid the taxes every year and taken care of the property. She passed away in 2001. Since there is no will and the other siblings will not agree. Can I do an adverse take over or color of code. Is there anything I can do since I pay the... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Aug 25, 2020

Probably not. You are going to have to open her estate and then have a battle with your siblings about who gets the house, who gets reimbursed for paying bills related to the house, who owes rent for living in the house, etc. This will be very complex litigation and could be quite costly. Be... Read more »

1 Answer | Asked in Estate Planning for Georgia on
Q: I need to know if my father passes away and I do not want to anything,land, home, he lives in pa. I live in Georgia what

What kind of documentation do I need legal aid signing off on the estate

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Aug 25, 2020

You do not have to sign off on anything. You simply do not accept whatever someone is trying to give you.

1 Answer | Asked in Wrongful Death for Georgia on
Q: If there is no estate and no will and I need to obtain my loved ones medical records,, how do I do so?
Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Aug 17, 2020

(2) Upon written request from the patient or a person authorized to have access to the patient's record under an advance directive for health care or a durable power of attorney for health care for such patient, the provider having custody and control of the patient's record shall furnish... Read more »

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