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Questions Answered by Robert W. Hughes Jr.
1 Answer | Asked in Probate for Georgia on
Q: If my father died before my brother and has in his will that his 3 children are to "share and share alike, equally"

does that mean my niece inherits my brother's share. Also what if she is not genetically my brother's?

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Mar 7, 2018

Your brother's share will pass to his children. If he has no children, his share goes to the remaining siblings.

1 Answer | Asked in Estate Planning, Family Law and Probate for Georgia on
Q: My mother died. Do the children receive the personal possessions bought prior to her remarriage?

The children are from a prior marriage. The children are grown. There is no will. She lived in Georgia. She remarried about 8 or so years ago. The new husband says that us taking the possessions from prior to their marriage is stealing. I'm not completely positive, but I thought I read that if... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Mar 6, 2018

Once gifts are given and accepted, the giver retains no fight in the property. The recipient's will dictates how her property passes at her death. Without a will, the spouse of the deceased shares the estate with the decedent's children. Personal property is treated like all other... View More

1 Answer | Asked in Personal Injury for Georgia on
Q: I was a passenger in a MVA the drivers insurance refuse to pay medical bill. 3 car accident and I have Medical bills

No received a ticket Driver received a citation for improper use drivers license

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Mar 6, 2018

As a passenger, you have the right to sue either of the drivers for your injuries. You should see a personal injury lawyer to assist you.

1 Answer | Asked in Estate Planning for Georgia on
Q: What can I do to receive my trust fund, when the executor of the trust will not give me what is stated in the will?

My grandfather is the executor of my great grandmother's will. I was to receive my trust when I was 25 I am now 26 and still do not have what was willed to me. I have access to a copy of the will. He lives in another state and i am unsure how to proceed.

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Mar 6, 2018

Generally, I would expect the state where your great grandmother executed the trust to be the home state. You probably need to locate an attorney in that state to help you. If you prefer not to do that, you should consult with an attorney and make sure your reading of the will/trust is accurate.... View More

2 Answers | Asked in Probate for Georgia on
Q: My son died and had no will. He has a daughter and bought a car for her. Father has car and won't release it.

Father is driving car and refuses to give it up . father took possession of all of sons belongings and said he legally inherited everything.

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Mar 6, 2018

Assuming the daughter is under the age of 18, you have the right to file to open an administration for your son's estate. You would do this in the probate court int he county where your son lived. If you go to the probate court, they can tell what what you need to do. If you need help,... View More

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1 Answer | Asked in Estate Planning for Georgia on
Q: “By this Deed irrevocably appointed for the purpose,or,at the election of the Trustee”

This is a quote from a inter vivos trust deed. Would “irrevocably appointed” indicate that the trust is a irrevocable or revocable trust?

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

There is not enough information to answer your question.

2 Answers | Asked in Probate for Georgia on
Q: can I use power of attorney give by my grandfathers only son to access my grandfathers estate

My father is my grandfathers only son. He is incarcerated . My grandfather has died so my dad signed power of attorney paperwork making me his power of attorney. Can I use this to access my grandfathers estate

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Mar 3, 2018

No, but if you are trying to open an estate for your grandfather, you can file a petition to appoint permanent administrator and your father can consent. This will result in you being in charge of his estate.

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1 Answer | Asked in Banking, Civil Litigation and Estate Planning for Georgia on
Q: Can a person who has been the trustee and benfercery of a trust account, bank account and of the will provide proof of i

The safety deposit box contains the will to whom I was only one who can sign it out of trust account auditing to be a problem with finding the Will

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

If you are not a named person on the bank account, then you cannot access the safety deposit box. You will need to get the probate court to grant you authority to open the box to see if a will is present.

1 Answer | Asked in Probate for Georgia on
Q: Wills and trust area. How do I obtain documentation from lawyer representing appointed person that is handling probate?

Although it wasn't in the will, my mother left a hand written letter stating I receive a full share of estate and that I be permitted to live in her house as long as I want too.

This was read by lawyer and agreed upon by all involved.

They are now trying to evict me from the... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Feb 24, 2018

A separate writing left with a will that is not signed and witnessed just like the will is not enforceable. If all heirs and beneficiaries agree to do whatever is in the separate writing, then it is enforceable. Otherwise, there is little you can do to enforce the separate writing.

1 Answer | Asked in Probate for Georgia on
Q: In a probate/estate case , can a judge stop foreclose on the estate if he pushes probate ?
Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Feb 23, 2018

The short answer is no. Sometimes the lender will if it knows probate is underway and a sale is imminent.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Georgia on
Q: Sister is executor. Spending money out of estate to renovate deceased home before sale, Is this legal?

Should this have been approved by court. Also feel she wasnt honest with assets inventory and is hiding assets.

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Feb 21, 2018

It happens. Is it legal? Maybe. You can file petition with court asking executor to prove it is necessary and good investment.

3 Answers | Asked in Probate for Georgia on
Q: Considering Ga survivorship rules can I get a deed transferred to my name without going through probate court?

Husband recently passed, our home was solely in his name & my name was never added to the property deed. Mortgage company has advised that I can assume mortgage/home once I submit a transfer deed in my name. Since husband is deceased this simple process is now confusing. I would like to get... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Feb 21, 2018

You cannot transfer the deed into your name without involvement of the probate court. I would suggest you file a petition for year's support and ask the court to give you the house. This will save you the property taxes that you ordinarily would have to pay later this year. This is not the... View More

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2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: My fathers Will states I get first pick of car. Do I have to pay my two siblings the value of the car?

The car I chose is paid in full. Siblings are telling me that in order for me to have the car I must pay the value of the car to my two siblings from the inheritance money I will receive. Example - Car is valued at $16,000 and they advised that our attorney said I must take $16,000 from my final... View More

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

Without reading the will, it is difficult to say. However, it would be very normal for each heir to pay into the estate the FMV of the property received.

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2 Answers | Asked in Probate for Georgia on
Q: My mother's will is in Georgia. My sister is PR but has delayed doing her job for almost 2 years. What are my options

to move the wrapping up of the estate forward? Thank you for your help.

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

You can file a motion to compel production of will. You can file a petition to appoint permanent administrator and tell court what is going on.

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1 Answer | Asked in Probate for Georgia on
Q: Home owner is deceased with no living relatives. Prop has 2 yrs back taxes. Any way to claim the prop before auction?
Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Feb 19, 2018

Ask court to appoint you as administrator so you can deal with issues.

2 Answers | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for Georgia on
Q: As beneficiary & turning in all pprwrk to mortgage co.they refuse to acknowledge me as new payor on mortgage.What now?

My son died 3 yrs ago, left me as beneficiary to leave his older brother his house to make pymts.The Finance Co.REFUSES to Acknowledges ...my Older Son(that house was left to) nor Myself to Even Discuss this? What do You Suggest??

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

Who owns the house and who is responsible for payments on the house maybe two different people. When your son passed away, I assume he had a will. That will left his house to you for his brother it seems. I assume you have probated his will and the executor has retitled the home into your name or... View More

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1 Answer | Asked in Business Law and Civil Litigation for Georgia on
Q: Must I have the name of the owner/s to sue the corporation in Magistrate Court.
Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Feb 18, 2018

To sue a corporation, all you need to do is name the corporation as the defendant and have the sheriff serve the registered agent of the corporation after filling the suit in the county of the registered agent. You can find the registered agent on the Georgia secretary of state website.

1 Answer | Asked in Probate for Georgia on
Q: 53-3-3 is life insurance and being able to maintain the residence until the surviving spouse passed enough provision

If the deceased spouse left Life insurance and the residence is that enough to satisfy the year's support law or is the surviving spouse entitled to additional assets from the estate that were left to his children and grandchildren (guns, jewelry and a vehicle) I am not the spouse I am the... View More

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

Sorry but I do not understand you question.

3 Answers | Asked in Probate for Georgia on
Q: My grandfather passed with no will. His girlfriend is refusing to give us his personal belongings. What can we do?
Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Feb 14, 2018

The girlfriend has no right to anything. The next of kin should file a petition for administration and seek to be appointed administrator. That will give the administrator the power to seize all assets.

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1 Answer | Asked in Probate for Georgia on
Q: Claim form sent from life insurance need death certificate was told no at county probate in ga is that legal
Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Feb 8, 2018

If the person who died is your relative, you can go to the probate court and order a certified copy of that person's death certificate.

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