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Questions Answered by Robert W. Hughes Jr.
2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: My father died with out a will. I have siblings born out of wedlock , no DNA results. Probate Court worth COUNTY Ga

They are not legitimate through Superior Court are they heirs? The courts asked for a list of siblings I only gave my whole brothers and sisters but the ones born out of wedlock started calling and got on the probate Court Records as heirs how is this possible. I'm the administrator but... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Apr 13, 2021

As Administrator, it is your job to file a Petition to Determine Heirs. Each person who thinks he is an heir will have to prove to the judge how he is an heir. This type of action is best handled with attorney assistance.

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1 Answer | Asked in Probate for Georgia on
Q: My brother dies in Georgia without a will I'm the only heir how do I proceed do I need probate.

His property is probably only worth 200000 at most I didn't know if I needed to go through the court or how I needed to handle things.

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

It depends completely on what kind of property your brother owns. If it is real estate, bank accounts, etc., you have to open an estate for him in order to transfer the property to the next of kin. If his property is from life insurance or other beneficiary designated accounts, you should be able... Read more »

2 Answers | Asked in Estate Planning for Georgia on
Q: what is the charge for a revocable trust and will?
Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Feb 23, 2021

How much does a car cost? Well, it all depends on what you are looking for. It probably will cost at least $2,500 and maybe as much as $10,000 depending on what is needed.

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1 Answer | Asked in Estate Planning for Georgia on
Q: Is there a way to distribute assets during a living lifetime based on events without transferring them to a trust?

Wills are used to distribute assets in one death

Living trusts require you to transfer assets to their name to protect and distribute them.

Power of attorneys allows people to handle your medical and financial decisions should you become incapacitated.

I’m trying to figure... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Feb 20, 2021

You can do what you want be making the power of attorney durable and specifically giving your poa the power to transfer property to a trust.

This will work long as no one challenges any of your documents

2 Answers | Asked in Probate for Georgia on
Q: My niece wants a car currently in probate. My mom is the sole heir to the estate. How do I handle this as executor?

My dad died in GA and his classic car is in probate. According to the will, my mom is the sole heir of the estate. I have not been able to find a buyer for the car (mom doesn't drive and has Alzheimer's). Mom's house sold and is going to closing shortly so the car needs to be... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Feb 19, 2021

If your mom is the sole beneficiary and she is OK with your niece having the car, just sign the title over to her an d move on.

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2 Answers | Asked in Estate Planning for Georgia on
Q: We had plan to give daughter house in exchange for care in our old age. Should we refinance in their name or keep ours

Daughter and husband already live in home and they would pay remaining balance of mortgage. They keep the house and we can remain there as well until we die; he is a medical nurse to assist in our senior care. We want to refinance and take a small home improvement loan out on the new mortgage. In... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Feb 15, 2021

Unfortunately, there is a lot more that needs to be known before you start making a transition such as this. You need to bind your daughter to such an arrangement. What if they place you in an assisted living home or nursing home just weeks after you place the home in their name? What if they... Read more »

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1 Answer | Asked in Estate Planning for Georgia on
Q: When does administrator of an estate have the right to hold money from beneficiaries at the closing?

The administrator of the inherited land me and my sisters are beneficiaries over is coming up for closing this Friday and the administrator which is my aunt told us that we will not be getting the full amount of the gross of sale until she speaks with the CPA on a tax situation

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

It seems that the Administrator is doing her job. It is her job to make sure all creditor claims are satisfied before distributing money to you. However, if you feel she is dragging her feet, you have a right to demand a settlement of accounts in probate court.

1 Answer | Asked in Probate for Georgia on
Q: My sister passed away in June 2014 (5+ years ago). How do I close out her bank account.

She had no asset other than about $1,800.00 in her bank account (checking). That money has just been sitting there since her death, 5+ years ago. I want to close out her account, how do I do that?

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jan 28, 2021

You can demand the bank distribute the money to the heirs.

3 Answers | Asked in Estate Planning and Probate for Georgia on
Q: how do Iegally protect my property and my finances from my daughter and her husband and make my brother my heir

my husband died and I assumed the house went directly to me. but I'm not sure. I want my brother to get the bulk if not all of my estate. my deceased husband and I have 1 living daughter left but her and her husband have been contacting other parties behind my back about purchasing my home,... Read more »

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

The only way for you to control the disposition of your property at your death is to create a will identifying who you want to get your property. Of course, during life you can give your property away so that you do not own it at your death. You should speak with an estate planning attorney to... Read more »

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1 Answer | Asked in Criminal Law, Estate Planning, Banking and Probate for Georgia on
Q: Suspended Executor accessed descendants bank safely deposit box by provided bank manager invalid testamentary court.

Removed all contents and closes safety deposit box account out. Which included an original copy of a amended will and vehicle title. The following day, the suspended executor transferred vehicle title from the descendants name into his, providing the DMV with the same invalid court docs.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jan 18, 2021

Since you didn't ask a question, I'm not sure what you need. The facts sound horrible and the executor can easily have a judgment entered against him. I don't understand why there is a codicil to a will still floating around when the court had already issued Letters Textamentary to... Read more »

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.

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