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Questions Answered by Robert W. Hughes Jr.
1 Answer | 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.

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....
Read more »

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....
Read more »

1 Answer | Asked in Probate for Georgia on
Q: For probate! Can a sibling open up an estate because my brother passed away and no one is trying to settle anything.

He was married and had a baby by an ex girlfriend. Neither has done anything. The siblings want to get things settle. Without a dog in the race can we ask for our money spent on probating his estate be given back. We are wanting what is best for his son which is a minor.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jun 24, 2019

You are in a difficult spot. If your brother has assets that need to be retitled in his child's name, the best answer might be to apply for a year's support for the child. If your brother did not own any assets that need to be transferred through probate court, not opening the estate might be the... Read more »

1 Answer | Asked in Probate for Georgia on
Q: My father passed away and his estate is in GA. His second wife -not my mother- refuses to go to probate. I live in NJ.

Can a lawyer in NJ represent me?

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jun 18, 2019

You can represent yourself or if you want to be represented by an attorney, you must select one who is licensed in Georgia.

1 Answer | Asked in Probate for Georgia on
Q: In Georgia for a probated will, must an outstanding mortgage be paid off before estate closure?

If real estate goes to one beneficiary and the residual estate goes to another beneficiary, does the mortgage on the real estate need to be paid off with residual assets, or can the mortgage be assumed by the beneficiary of the real estate? What options does the PR have? Can the PR seek an... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jun 11, 2019

This question requires more information. It could be that the mortgage must be paid from the remaining assets upon transfer. It also depends on how title is held currently held to the property. The estate remains liable on the mortgage if you simply transfer the oropteru without resolving the... Read more »

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Not on mortgage or title. Newton Co GA states I cannot sell home w/out probating will despite being executor. T or F?

I'm executor of my husband's will and estate. I'm trying to sell our home in which I'm not on the mortgage or title.

Wells Fargo is telling me they will keep escrow if title is not transferred to my name but by law, cannot prevent me from selling my home and will give me all money less... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on May 17, 2019

You have no authority to act in place of your husband unless the court issues Letters to you. The court can't do that if you do not file the will for probate. You might consider filing a petition for year's support to have the house placed in your name. once it is in your name, you can sell it.

1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: I'm executor of my husband's will. I'm wanting to sell our home but not on mortgage & title. Do I probate will & title?
Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on May 17, 2019

I'm not certain about your question. Since you are the executor of your husband's estate, I assume Letters Testamentary were issued to you. You are required to do whatever the will says do. If you are supposed to sell the home, then you simply sell the home. You do not need to be on the mortgage... Read more »

1 Answer | Asked in Probate for Georgia on
Q: Do I need to open probate if the only asset in my husband’s name is a car worth <$10K? Can car be transferred to me?
Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on May 1, 2019

If your husband has a will it is your obligation to file the will with the probate court. However it is not your duty to all for the will for probate. If the car is the only asset your husband has you should be able to go to the county tag office and sign an affidavit that will allow the tag office... Read more »

1 Answer | Asked in Probate for Georgia on
Q: I am the executor of my mother’s will. My sibling is giving me the run around on signing consent to probate.

My sibling lives in Europe. There was a pay on death account for my brother and I contacted the investment firm to ensure they contacted my brother to make payment. The firm contacted him and my brother collected the money. However, I am the beneficiary of her home which I can’t sell unless he... Read more »

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

You can have the court serve him with the the proper papers and he will be given a time deadline in which to file his answer. If no Answer, then the petition will be granted.

1 Answer | Asked in Probate for Georgia on
Q: My Husband claims he can run up HIS Credit Card Debt, and I would not have to pay it if he dies first.

We have the House, etc. as joint ownership.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Mar 21, 2019

You have to use any assets that are in his name to pay his debts. If he runs up his credit card debt, owns nothing when he dies, then he is telling you the truth. So, be very careful to make sure he truly owns nothing when he dies and you do not have to repay the credit card debt.

1 Answer | Asked in Probate for Georgia on
Q: I am executor to my deceased mother's estate. I need legal help to close her estate.

I live in Savannah GA and Mama lived in Thomasville GA.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Mar 18, 2019

Closing an estate involves filing a Petition for Discharge. To file this, you must have paid all creditors, accounted for all administrative expenses and have distributed all property in accordance with the law or with the Will.

1 Answer | Asked in Estate Planning for Georgia on
Q: We own 81 acres of land shared by 4 families not divided. Can property be sold if one family do not agree to sell?.
Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Mar 15, 2019

All OWNERS must consent to sell the property. If ALL OWNERS will not consent, you can file a petition to partition the land and then you can sell your interests in the property.

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Can I sell deceased dad's jewelry to pay probate court costs to petition the court to be Administrator?

My father died in January with no valid will. I need to petition the court to be made Administrator and I have my petition papers for probate court ready to be filed so I can sell his only real asset - his car. As I thought about it, he also had some jewelry, not much, but some. I have no idea... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Feb 25, 2019

There are far easier ways to accomplish your goal than what you laid out. That said, you cannot sell any assets until they are in your name or you are in charge of the estate.

1 Answer | Asked in Probate for Georgia on
Q: Petition to compel full accounting was denied by Georgia probate judge because of "failure to state a claim upon which

relief can be granted" is it possible this is due to the WILL not having been filed by the trustee in breach ? Would i the plaintiff in the case

need to file a new petition once the Will is filed? The petition included ample evidence of negligence and unresponsiveness to the beneficiary.

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

Your question leaves me wondering if there is a trust or a will? To file a claim for a full accounting in probate court, the will must have been filed, admitted to probate and no less than 6 months have passed since the executor was appointed. If you are looking for an accounting for a trust... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Georgia on
Q: The best way to leave my daughter and not my wife my home without adding my daughter to the deed if my wife is on deed

My wife wants to be added to my deed. I want my daughter to have the home after I die. Currently the home is empty and I reside in my wife's house with her. I want to leave my house to my daughter, but my wife objects. I have a daughter and she has a daughter and there's disaccord within the... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jan 2, 2019

Your situation is not unusual, but is certainly a sticky wicket. There are three ways to accomplish your goal.

1. Draft a will leaving a life estate to your wife with the remainder to your daughter. This creates possible accounting night mares if the will is not properly drafted. However,...
Read more »

1 Answer | Asked in Probate for Georgia on
Q: My dad passed away without a will and I'm The Only Living child. I am on disability and I am mentally challenged.

My dad was married and had 10 acres of land and a home that was in both of their names and she passed away over 10 years ago and neither one had a will and my dad passed away a year ago and leaving me being his only living child. my Step Brother convinced me that it was for my best interest to give... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Dec 14, 2018

YES. This needs to be dealt with appropriately before you give away your rights to your father's land. Please contact an attorney specializing in probate work before it is too late.

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