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Questions Answered by Robert W. Hughes Jr.
1 Answer | Asked in Family Law and Probate for Georgia on
Q: If a brother of a person in jail for the next three months suddenly passes away . Their mother is alive but 91 what

Happens to the deceased belongings.

A family friend has taken control of everything and trying to erase the existence of the one in jail. Selling a house belonging to the family. The control has been taken through lies and defamation of the incarcerated fueled by hate towards that... View More

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Dec 13, 2023

Assuming the brother who died does not have a spouse or any children, the mother will inherit everything. the brother in jail does not inherit anything.

1 Answer | Asked in Probate for Georgia on
Q: If no spouse, deceased only has pension, do all heirs share it or just the one in the will
Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Jul 12, 2023

It depends on the language in pension agreement. Some plans leave directly to heirs if no beneficiary is named. Others leave it to the estate if no beneficiary is named. You need to check with the pension provider to get you an answer.

1 Answer | Asked in Family Law, Criminal Law and Probate for Georgia on
Q: What can be done? If my children, only heirs were minors when their father passed away, 11 & 13. Now 20 & 22. Fiduciary?

We live in Ga. Their dad's family lives in TX. In 2014, they came & took kids stuff & their dad's stuff & his body back to TX. I filed the Will I had in the county he lived/died in 2014. 8.5 yrs later the kids were told their dad did another Will 2 wks before he killed... View More

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Jul 12, 2023

Why are you just raising these issues 10 years later. What happened to the will you filed with the court?

3 Answers | Asked in Probate for Georgia on
Q: probating will solemn form

I am trying to probate will solemn form for my dad who passed. I am the only living child, I have two deceased brothers who died before him. They had children, so would they be considered representatives on paragraph 4 of the form?

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Jun 26, 2023

Yes, they must be disclosed. Whether they inherit under the will is a different question. You should consult with a probate attorney to determine whether they inherit your brothers' share under the will.

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1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Georgia on
Q: Mom passed. Dad's selling the house. What rights do I have as her sole heir with no will?

Dad says that I am required to sign a form to give him permission to a sell the house. What are my rights currently? What rights am I signing away? The items in the house are sentimental, am I allowed to keep any of those items as keepsake?

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on May 17, 2023

Georgia law provides that a spouse and children share equally in the estate. If you are the only child, you are entitled to one half of the estate.

Your father had a right to file for year's support which could result in him receiving all property.

You should consult with a...
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2 Answers | Asked in Elder Law, Probate and Estate Planning for Georgia on
Q: How do I prove an executor is stealing from the estate?

I requested an accounting of my aunts estate from exec. I got a vague list of transactions and no inventory of the estate. Executor failed to provide inventory or estate value. Executor diverted estate funds to offshore acct in Canada Also withdrew estate funds 300k for 7 days stating that bank... View More

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on May 14, 2023

You need to file a Petition for Settlement of Accounts with the probate court. You probably should hire an attorney as these filings result in a complex hearing.

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2 Answers | Asked in Family Law, Probate and Estate Planning for Georgia on
Q: My son's father, my ex husband died unexpectedly 1 week ago, he was married again and she has refused to inform my son o

Of any life insurance, will, etc. she has forbidden my son any contact with her and didn't include his opinion on funeral planning. My son is 31, does he have rights to anything.

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Mar 23, 2023

Your son is not "entitled" to anything except notice from the probate court when someone attempts to open his estate or files for year's support. He can file his own petition to open an estate for his father.

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1 Answer | Asked in Probate for Georgia on
Q: The bank will not release my late husband’s bank account to me after being presented the final order of year’s support.

What is my next step? I have already closed joint and designated beneficiary accounts. This is not a large amount of money.

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Feb 26, 2023

The best you can do is ask to speak with a bank officer. If that does not work, ask to speak to the legal department. If all of that does not work, you can file suit against the bank and collect attorney's fees.

3 Answers | Asked in Real Estate Law and Probate for Georgia on
Q: I am the sole beneficiary of my grandfathers estate as listed in his will from 1988. How do I obtain an original copy?

My Uncle was the executor until I turned 18! I am now 50! How do I gain possession?

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Jan 19, 2023

You need to file a petition for settlement of accounts with the court that issued the various probate orders in your case. Yu might need an attorney to help with this matter.

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3 Answers | Asked in Estate Planning and Family Law for Georgia on
Q: Father-in-law has will naming his 4 children as beneficiaries.

Father-in-law said, according to his Georgia attorney, my husband's portion could not be left to me (spouse) should he predecease his father. It could only go to his remaining 3 children or progeny of me and my husband. Is this true? My husband told his father he would want me to receive... View More

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Nov 18, 2022

Whether your father in law's will leaves property to survivors of a child can only be determined by reading the will. Wills can be written either way and it would be guessing to try to answer your question without reading the will.

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1 Answer | Asked in Probate for Georgia on
Q: Can I use attorney in Georgia for probate in Virginia? I am executor and live in GA but probate in VA.

I am already appointed by Fairfax County court as executor but I need help from attorney and don’t know if I can get one in Georgia where I live or if they have to be in Virginia. Thanks.

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Sep 14, 2022

You should contact a Virginia lawyer. I would recommend Deb Matthews at 703-548-3699.

2 Answers | Asked in Estate Planning for Georgia on
Q: Can a trustee deny a beneficiary her wishes as long as those wishes ate within reason?

For example the young ladies 21st birthday is coming up and she has made requests on the things that she would like to do. The trustee has told the beneficiary no that she can not shop for clothes and shoes for the trip and that she can not get her hair done nor can she get a manicure or a pedicure... View More

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Mar 21, 2022

A trustee with discretion can deny a request for $$. He can't tell a beneficiary she get get her nails done or anything else. A trustee with discretion must use good faith in exercising his discretion.

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1 Answer | Asked in Probate for Georgia on
Q: Do I need a lawyer to file an objection to the petition of administration for a probate or can I file an objection. GA

8 children, 4 out of 8 were excluded in moms will. Since them one of the 4 has passed intestate with no spouse or children. So, the land and home which was shared interest 4 ways must now be divided 1/4 for the 3 in the will and 1/7 of the 1/4 for the split of the brother who passed intestate. The... View More

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Mar 9, 2022

You do not need a lawyer to file a caveat. As I tell folks all the time, you don't need a dentist to pull a tooth either. However, I would not recommend doing either without professional help. You should locate an attorney who handles probate matters to ensure you are getting the right advice.... View More

1 Answer | Asked in Divorce, Estate Planning, Family Law and Probate for Georgia on
Q: What happens in a separate maintenance decree after death?

Couple was living separately for 10 years, have no children, and the decree provided ~50/50 split of assets. Does the surviving spouse still have all the rights as a primary beneficiary if the other spouse dies intestate? Next of kin are surviving siblings.

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Mar 7, 2022

If a couple is living under a separate maintenance agreement when one of them dies, the couple is considered married for all purposes of inheritance. hose rights however can be altered by the terms of the separate maintenance agreement.

2 Answers | Asked in Family Law and Probate for Georgia on
Q: A will of a person who died in 2004 has NOT been distributed to one of the heirs. How can he secure what is due?

The beneficiary was named to receive the residence of the deceased as well as 25% of the estate. The deceased died in 2004 and the administrator has refused to make distribution.

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Mar 2, 2022

Is this estate in Georgia? If so, while it is highly unusual to wait 15 years to demand your inheritance, it is not too late if you did not sign a consent to discharge the executor and the estate is still open. You can call the probate court and ask if the estate is still open. You can file a... View More

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1 Answer | Asked in Probate for Georgia on
Q: Executor of the Estate in GA. Will the court pay me my Exector fee without asking them in front of kin or do I apply

Does court or lawyer bring this up when stored in as exector about my fees

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Dec 27, 2021

If you are the executor, you pay yourself the executor fees from the estate. The court does not pay you the fee. The court does not tell you to take the fee. That is something you need to handle with full disclosure to the beneficiaries.

1 Answer | Asked in Probate for Georgia on
Q: i have been the sole caregiver to my sister for over 20 years she has one adult daughter who has never provided anything

as my sisters sole caregiver can i not claim a share of her estate, she owned her home but had no will she was estranged from her daughter am i not entitled to compensation for the 20 plus years i took care of her why should a neglectful daughter get everything when she never showed her mother any... View More

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Oct 11, 2021

Without a will, you are not entitled to any inheritance unless you have a written caregiver agreement with your sister.

1 Answer | Asked in Estate Planning for Georgia on
Q: How to transfer a will to another County?

Will is Gordon County and Probate is in Cobb.

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Oct 10, 2021

I assume the Will is on file in the Gordon County Probate Court and the person who died is in Cobb County? If so, file your petition in Cobb and ask the court to contact Gordon County to have the will sentr to Cobb .

1 Answer | Asked in Estate Planning for Georgia on
Q: Q: My 1/2 sister took our 95 year old dad to her lawyer and changed his will after being on Alzheimer’s medicine for 7y.

There was an original will and everything was to be divided equally between us 3 but now it’s only her name to have his estate.

My dad did pass away 11/2020. My other sister and I filled A grievance with the probate court over they will.

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Oct 7, 2021

While you do not ask a question, I assume you want to know what to do. Until your father passes away and his will is offered for probate there is nothing you can do. Once the will is offered for probate, you should challenge the will by filing a Caveat to it in the probate court where the will is... View More

2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: My mother passed away my younger sister is executor. Dod she have the right to take mom's car? Divide everything.

My baby brother needs a vehicle. He asked my sister about moms car. And she said $1000. Is this correct.

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Sep 19, 2021

Your sister must follow the will. If there is no Will, then the court will have to appoint an Administrator to handle the estate. The court will appoint whomever the majority of heirs selects to be administrator.

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