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Questions Answered by Robert W. Hughes Jr.
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.

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Can an executor be exempt from fiduciary duties if the will stated they can be relieved from any bond?

Will states: he be relieved from giving any bond & making any inventory, appraisements nor returns of any kind whatsoever to any court.

Is there any way he could transfer the house to the estate & sell it without notice? The executor is not a family member and has not acted in good... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on May 2, 2021

Because the will excuses the executor from a bond or accountings, the executor still must meet his fiduciary duties. If you feel the executor is not properly performing his job, you should retain an attorney to assist you with enforcing your rights as an heir and beneficiary.

1 Answer | Asked in Probate for Georgia on
Q: need to file letters of administration but my sister won't sign in agreement. can I still file and what are my options

all other heirs(6) are in agreement with me being the administrator. 1 sister is illiterate and will not agree to anything. what are my options. cant afford an attorney.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Apr 25, 2021

Yes, you still file the petition and ask the court to serve the petition on your sister. This is a routine problem. Your sister will have 30 days to respond once she is served with the papers.

1 Answer | Asked in Probate for Georgia on
Q: Do I have to probate a will or can I just file it?

I live in GA and my husband's will leaves everything to me. My children are not contesting the will. All the accounts, titles and deeds are in both our names except for one land lot which is in my husband's name only. Do I have to go through probate just to get that one deed changed to... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Apr 21, 2021

Yes you need to go through a probate process. You must file the will with the court even though you do not need to offer it for probate. You should file a Petition for years support and ask that the lot be given to you as years support.

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.

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