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Questions Answered by Robert W. Hughes Jr.
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.

1 Answer | Asked in Probate for Georgia on
Q: My father passed away 2yrs ago, no will. My step mom put his house in her name after his death but has since vacated.

Can I contest this claim?

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jun 19, 2020

I don't have enough information to advise you. If the house was owned as joint tenants with right of survivorship, she owns the house. You are free to open an estate for your father and investigate what happened to his estate.

1 Answer | Asked in Probate for Georgia on
Q: My sister's husband Hass passed away . She received a letter from his dad's attorney to sign over estate. How do I find

What is in the estate?

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jun 8, 2020

You should never sign any document you receive without fully understanding what you are signing. You should hire a lawyer to explain to you exactly what you are signing. For this very limited purpose, a lawyer should need about 15 minutes to review what you have been given and explain it to you.... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Georgia on
Q: Probating 3 different estates, all revolving around 1 piece of property that is located in another state?

My mom's parents owned a home together in GA (w/o rights of survivorship). They had 3 kids (#1, 2, & 3). Kid #1 died in 2001 & has 3 children. My grandma then died in GA in Sept 2003, presumably leaving her half of the home to my grandpa & her children/grandkids.

Kid #2... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jun 3, 2020

First, get a lawyer to help you through this. By the time to finish with all the issues that will arise, you will find that a lawyer will save you time, and at the end of the day, money. You can only open a probate in the county where the deceased person lived. There are some rare exceptions to... Read more »

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Can you will a car to your wife and then to someone else after wife's death if wife had transferred title and ownership?

Man dies leaving car to his wife who then takes full ownership titling it in her name. Man also puts in will that upon wife's death his son is to have the car. If the car is legally the wife's now, is this even legitimate?? Does the son have a claim?

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

If the man willed his car to his wife, and she put the car in her name, she is free to do whatever she wishes with the car. She is not required to then pass the car along to the son.

1 Answer | Asked in Probate for Georgia on
Q: How do I get it if he won't communicate with me?
Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on May 30, 2020

Send certified letter to him. If he continues to refuse to communicate with you, you can file a petition with the probate court.

2 Answers | Asked in Probate for Georgia on
Q: In 2006, I legally declared my husband with court order of Presumption of Death/Missing in Cobb County Ga. due to

missing since 2004, it has been almost 15 years now and i need to know how to get him legally declared dead with certificate to take care of Social Security. what are my options or information on how to do this?

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on May 28, 2020

There is a process in probate court to have a missing person declared dead. You in all likelihood need to retain a lawyer to help you with this. You should interview lawyers who have experience with this kind of matter and who practice mostly in the probate courts. It is a rare petition to... Read more »

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1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Can there be co-administrators of an intestates estate in Georgia?
Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on May 21, 2020

Yes. While it is usually not advisable, it is legal. When there are co-administrators, they both have to be around to sign all documents and checks. You will be hard pressed to find a bank that will allow you to demand two signatures on a check. Also , without proper language in a will, you... Read more »

1 Answer | Asked in Probate for Georgia on
Q: How much does a probate lawyer typically cost in GA?
Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on May 17, 2020

That is a very difficult question to answer because there are so many levels of help. Rather than worrying about how much the lawyer is charging, interview several lawyers across the state, ask what they charge and what services they offer. Choose to hire the form lawyer offering you the best... Read more »

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