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Questions Answered by Robert W. Hughes Jr.
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... View 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,...
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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... View 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.

1 Answer | Asked in Estate Planning for Georgia on
Q: I lived in Louisiana but now live in Georgia - I created my will before moving several years ago. Is it valid in GA?
Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Dec 11, 2018

As song as the will was witnessed by two people when it was signed, the will is valid. It would be better if it also contained a Self Proving Affidavit signed by a notary and meeting Georgia's standards. It would not hurt for you to pay a lawyer for 15-20 minutes time to review your document... View More

1 Answer | Asked in Contracts, Family Law, Intellectual Property and Probate for Georgia on
Q: Can I sue my step father for pain and suffering, for him throwing away/selling my deceased mothers belongings?

My mother recently passed away, in her Will it states that my older sister, older brother and myself have rights to her belongings she's left behind. My step parent has took it upon himself to throw out her items left to me and my siblings. He's not listed in her last will and Testament... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Nov 29, 2018

You cannot sue for pain and suffering. You can sue for value of the property as well as suing him for interfering with the administration of an estate as an Executor de son Tort.

1 Answer | Asked in Estate Planning for Georgia on
Q: My uncle passed away without signing his will.he only has one sibling living does she get his estate

I'm his neice can I get apart of his estate plus can my neice get apart since my brother has passed away

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Nov 20, 2018

If your uncle died with a spouse or any children-ever-, then your uncle's siblings will share in his estate. If your parent, who was your uncle's sibling, passed away, you are entitled to inherit your parent's share of your uncle's estate. The same applies to your cousin.

1 Answer | Asked in Wrongful Death for Georgia on
Q: If my children father died wrongfully and the mother of the decent filed a lawsuit, do i have to be involved in it?

I have two children from a past bad relationship. Me and my children got away from this relationship in 2007. We started a new and better life and didnt have much to do with the decent. 2 years ago my childrens father died in his apartment from a fire. The mother of the decent filed a lawsuit.... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Nov 4, 2018

if you die wrongfully in Georgia, the surviving spouse of the deceased person has a right to file a claim for the wrongful death. If she recovers anything. she is required to share the recovery with the deceased's children. The children will get 2/3 of the recovery and the spouse will get... View More

1 Answer | Asked in Probate for Georgia on
Q: One of four residuary beneficiaries under the Will is missing. What do we do with his share?

We know we'll have to provide an aff of diligent search at time we file discharge petition. Will we have to hold his part in trust?

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Oct 4, 2018

The short answer is yes. You must maintain his share for him. You have to make a diligent search for him. This is an estate expense. Once you have given up trying to locate him, his money must be kept in the estate account. People are presumed dead after 7 years of no one hearing from him. You... View More

2 Answers | Asked in Probate for Georgia on
Q: My father died 7 years before my stepmother she never probated his-will. My father has 2 living children my stepmothers

Kids preceded her in death. Her Will leaves the home to myself , brother, & stepbrother (deceased) I have been told both wills have to be probated separately: since there is a will is it even necessary to even go thru probate? I live currently live in the home, my brother lives in another... View More

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

It depends on whose name the house is in. If the home is in both parents' names, you will need to open an estate for each. Be aware that if your step siblings had children, they have an interest in the estate

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1 Answer | Asked in Probate for Georgia on
Q: I am a co-executor of a will and the other person wants me to renounce my executorship. How would I know the will is

actually carried out as requested?

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Sep 13, 2018

You will not know. Therefore, you should not renounce unless you want nothing to do with the estate. You must count on the beneficiaries to hold the executor's feet to the fire.

1 Answer | Asked in Probate for Georgia on
Q: Ga - Options to avoid quit claims from siblings when I am the executor and only named beneficiary in will - need help

In Ga - I am executor and only beneficiary in my dads estate & will at 100%. I left the house in his name since his death 11/1/2015 and paid the mortgage. I probated his estate using the common form and didn't know anything about needing to change the deed. I am now selling his house and... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Sep 10, 2018

You have a mess on your hands. You should never have opened the estate in common form. You cannot transfer real estate with a common form probate. You must open the estate in solemn form. If the will leaves the real estate to you, then you will not need quit claim deeds form your siblings. You... View More

1 Answer | Asked in Probate for Georgia on
Q: Probate Question: Trying to sell a property with beneficiaries under 18

My mom recently passed away and she had 4 children.

She has a house that my sister and I do not want to keep. My sister and I are over 18, but my two brothers are not. Would the executor of her estate be able to file a petition to sale if just my sister and I approved?

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Sep 10, 2018

You mention you are an executor. Therefore, there must be a will. If the will gives you the power to sell real estate, you do not need anyone's permission. However, if the minors believe the property sold too cheaply, they can bring suit against you for an improper sale . The safe route is... View More

1 Answer | Asked in Wrongful Death for Georgia on
Q: I currently filed a wrongful death suit is the non custodial parent that's not legitimized entitled to any money?
Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Aug 31, 2018

This is a very fact specific question. In some cases, the father can make a claim for the wrongful death of the child. It depends on the child's age at death and the noncustodial parent's involvement with the child.

1 Answer | Asked in Estate Planning for Georgia on
Q: My father left a will, which states that I, his only child, is EXECUTOR, EXECUTRIX, PERSONAL REPRESENTATIVE, TRUSTEE

To his estate & upon release of said life estate (my death), property shall pass to BRALYN COLE MCDONALD. But, the will also states "I CONFER UPON THE EXECUTOR THE POWER TO DO ALL THINGS DEEMED NECESSARY OR PROPER REGARDING FOLLOWING POWERS, WHICH MAY BE EXERCISED WITHOUT ORDER OF OR... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Aug 11, 2018

Your question is well past complicated. The entire will needs to reviewed by a lawyer specializing in probate law. You compound the issue by discussing grandchildren who might have a conservator. You make no mention of grandchildren as you quote part of the will. This question ought to be... View More

1 Answer | Asked in Wrongful Death for Georgia on
Q: Can a non custodial parent that has never legitimize a child file a wrongful death suit on the child?

I am the primary custodial parent. I was never married to the father. The father never legitimized our son. Can the father file a wrongful death lawsuit on our child or is he entitled to any of the settlement. He has never paid any child support.

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Aug 9, 2018

This is a very difficult question to answer. The best answer is that a judge should decide whether the father is entitled to any money. That protects you from an adverse situation if cut the father out and he later sues you and wins.

1 Answer | Asked in Estate Planning for Georgia on
Q: My younger sister was assigned as my financial guardian. She threatening to put my townhouse in her name. Is this legal?

It is currently in my name only and was paid for in full with my money

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Jul 26, 2018

If your sister was appointed as your conservator by the probate court, she should place all of yiur assets into her name, as your conservator.

1 Answer | Asked in Probate for Georgia on
Q: If there is a Certified Appraisal on real estate, can an Executor sell real estate at a lower rate to their friends?

How do I get the Probate Judge to intervene to protect the other beneficiaries?

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Jul 22, 2018

An executor has a duty to all beneficiaries to carry out the terms of a will. That does not necessarily mean an executor must sell at the highest price and it would rarely mean they have to sell at appraised price. If you do not like the price a piece of real estate is being sold for, you need to... View More

1 Answer | Asked in Probate for Georgia on
Q: My dad bought some property, but before he got it put in his name he passed away. What do I do? Or what do I need 2file

we lived there for 20 + yrs..i can't find any paperwork and he won't ģive me a copy. now i was told he sold it..

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Jul 22, 2018

you can check on land ownership by going to the Deed Room in the County Clerk's office in the county where the land is located. There, you can pull the deeds to see exactly how your father's land has been titled through time.

1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: I assumed a mortgage loan from my mother's home in GA. She died intestate in 2012. What type of deed do I file?

I recently completed a loan assumption and modification on a property originally owned by my mother, who died intestate in 2012. I was the temporary Administrator of her estate which nad no value, until the estate was closed in 2013. I am unsure now, what type of deed to file with the county... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Jul 19, 2018

You should prepare an Administrator's Deed transferring the home from your mother into your name. This assumes you have paid all debts of the estate and have paid all other heirs whatever their inheritance should be. Further, as temporary administrator, you have no authority to transfer real... View More

2 Answers | Asked in Business Law, Insurance Defense, Personal Injury and Wrongful Death for Georgia on
Q: My daddy had General libality insurance million dollar policy for his company and died of multiple myeloma cancer

multiple myeloma cancer its consider as a occupational disease what type of lawyer to get to file a claim

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Jul 19, 2018

You probably need a personal injury lawyer or a lawyer specializing in insurance law.

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1 Answer | Asked in Estate Planning for Georgia on
Q: mother-in-law passed without will-5 siblings-husband has “Letters if Administration”. Can he sell home to distribute $?

Or does he need to obtain “petition of personal representative for leave to sell property” as well?

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Jul 17, 2018

Unless he was granted expanded powers with the Letters of Administration, he has to get court approval to sell the property. He will ultimately be able to sell the home once he gets court approval.

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