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Questions Answered by Robert W. Hughes Jr.
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 »

1 Answer | Asked in Probate and Public Benefits for Georgia on
Q: My husband was shot in his home about a week ago. We are legally married, but we've been separated for a while now.2kids

So I would like to know we what I should do. Also am I or my children entitled anything? He did not have a will or insurance. I could really use some help and guidance. Thank you

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

As his wife, you are entitled to 1/3 of his estate and a year's support. His children are entitled to the remaining 2/3 and if they are under 18, they are entitled to a year's support as well. The separation is a non issue. Find a lawyer specializing in probate law. Because probate law... Read more »

1 Answer | Asked in Estate Planning for Georgia on
Q: My dad named me POA in 2015.He died 2017.Is there a time limit for my brother to demand an accounting from me?
Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jul 24, 2020

Sort of, but not really. Once your father died, only the executor or administrator can demand an accounting from you. If you are the executor or administrator, he can demand an accounting of you and you would need to go back in time and account for your conduct as POA.

2 Answers | Asked in Probate for Georgia on
Q: am I entitled to my dads money listed in my grandparents will if my dad is dead

I’m listed to receive his part of the estate but am I entitled to the money listed for him

To receive separate from that

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jul 18, 2020

Not sure I understand the question. Is there money in a bank account that has him listed as beneficiary? Did he outlive your grandparents, but then died?

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2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: If my folks pass away is it required for my name to be on the deed to avoid probate? Blairsville GA

My folks said they were advised by an attorney not to put my name on the deed and that Georgia law requires a property to go into probate. Basically, if there is a way to avoid probate in the state of Georgia what is the best way to go about it?

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jul 14, 2020

If someone passes away and their name is the only name on the property, opening an estate is usually required. There are some exceptions. There is no reason to try to avoid probate. Probate in Georgia is inexpensive (under $500 if you do not hire a lawyer) and takes less than a year to complete.

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1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: In Georgia. Can my mothers home who died intestate have her house sold without going through probate?

Only name on deed of trust is hers. No husband, just three heirs.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jul 13, 2020

You mention Deed of Trust. Is the title in her name alone or in the name of her as Trustee? If the house is in her name alone, you will need to file for probate in the county where she lived. If the house is on the name of a trust, you need to see what the trust says do.

2 Answers | Asked in Wrongful Death for Georgia on
Q: Does 19-7-1 (c)(6) apply to an adult deceased
Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jul 12, 2020

Yes.

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2 Answers | Asked in Estate Planning for Georgia on
Q: Can I do. Living (revocable) Trust in Georgia?
Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jul 11, 2020

Yes, revocable trusts are allowed in Georgia, but they are rarely worth the money spent establishing them,. Occasionally, a client has a unique set of circumstances that makes a revocable trust proper. Make sure you see a very experienced estate planning attorney to assist you.

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2 Answers | Asked in Probate for Georgia on
Q: I am executor of my mother's estate. I live in Savannah. Should I use lawyer from which place?

I need help looking at Mama's account and taxes. There is probably just the house and some shares in some family stock. Hopefully I will be able to use phone conferences.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jul 2, 2020

probate matters are the same throughout the state. Only on rare occasions is a court appearance needed. Otherwise, you can use a lawyer from anywhere who is licensed to practice in Georgia. You should look for a lawyer experienced in probate administration.

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1 Answer | Asked in Probate for Georgia on
Q: My brother passed away May 22, 2020 He had no will or power of attorney. How do we start the probate process?
Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jun 24, 2020

If your brother resided in Georgia, his wife or children need to determine if he has assets requiring a probate being opened. For instance, if he has bank accounts exceeding $10,000 or real estate then they will absolutely need to either open an estate or file for year's support (if the... Read more »

1 Answer | Asked in Probate for Georgia on
Q: My father passed away recently and his will is 20 years and 3 spouses later. And only names 2 of 3 heirs. Is it valid?

He has well over one million dollars worth of assets. And the will is only one page. It's extremely vauge to say the least. I am now being pressured to sign "acknowledgement of service..." and am unsure how to proceed.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jun 21, 2020

on the surface, nothing you said makes the will invalid. Ex-wives are excluded as though they predeceased if they appear in the will. If a child was born after the will was signed, he might still be included. You should seek legal guidance before acknowledging service and asserting to probate.

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