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Questions Answered by Robert W. Hughes Jr.
1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Georgia on
Q: I am in need of a lawyer to help me probate my grandmothers estate she left a will and I am not sure what to do next

My grandmother was murdered 2 weeks ago I was finally able to bury her yesterday. I have her testament and would like to know what my next steps are. I am here in Puerto Rico now but I live in Atlanta, GA. I need an attorney here who will help me probate this estate, access her accounts and sell my... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Apr 21, 2020

Offering a will for probate and administering the estate when you are not local can be very difficult. We would be happy to assist you with the issues you discussed in your question. There are many good law firms around the Atlanta area, but you want to locate one that specializes in probate... View More

2 Answers | Asked in Estate Planning for Georgia on
Q: My brother signed a handwritten letter concerning his final wishes in Ga. is it valid?
Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Apr 21, 2020

It is if it was signed by him and witnessed by two people.

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2 Answers | Asked in Estate Planning for Georgia on
Q: do you need an attorney for a deed being transfered from immediate family
Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Apr 21, 2020

You can do this on your own if you know how to prepare the kind of deed needed to accomplish your goals. Only you know if you can prepare the proper deed.

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2 Answers | Asked in Probate for Georgia on
Q: My father died a year ago, now my stepmother is dying. Neither had or has a will. The deed was in her name...

They weremarried for 25 years. Will I inherit anything. She has no relatives except a nephew.

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Apr 15, 2020

You should open your father's estate and hopefully before your step mother dies. Since your father did not have a will, his estate will be divided between your stepmother and your father's children. If you have any siblings, your stepmother will receive 1/3 of your father's estate... View More

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1 Answer | Asked in Probate for Georgia on
Q: My mother paid my father's funeral expenses. Is it okay according to GA law to repay her before the estate is settled?

Father died without a will in November 2019

I'm the administrator of my father's estate

My parents were divorced when my father died, so my mother isn't considered an heir

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Apr 6, 2020

Yes, funeral expenses are a first line expense. You should be able to repay those now without waiting any longer.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Georgia on
Q: aunt dies inGeorgia with a will and husband passed 10 years before her without a will. KY land never, change to her.

The property deed half ownership is still in uncles name,(intestate )50% and split with two nephews. Aunt never transferred in her name, died, who inherits Uncles half?Aunt had a will, but again never change ownership. Help please do l need to probate her 1/3 rights? Or passes to the nephews upon... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Apr 4, 2020

If your aunt died in Georgia, you will need to open an estate in Georgia. You will then need to contact a KY lawyer to help with transferring the KY land. You may have to open your uncle's estate in the county where he died as well.

3 Answers | Asked in Estate Planning for Georgia on
Q: Can you use small estate affidavit after filing for letters of administration of estate in GA
Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Apr 2, 2020

This question should be posted to the probate area of law. That said, there is no small estate affidavit in Georgia. If you have been granted Letters of Administration, you should be able to transfer all assets with your Letters.

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1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Who is the owner of a bank account of an intestate person that has added the daughter to sign checks?
Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Mar 31, 2020

As your question is worded, it is the estate. As is probably the case, it is the daughter. Most banks add the new signer on as an account owner. Therefore, if she is an account owner, the money is hers. If however, the bank truly added her as having signatory power, but not ownership, then the... View More

2 Answers | Asked in Estate Planning and Real Estate Law for Georgia on
Q: My Wife has life estate in a portion of the estate and wish to leave her life estate to me. What does she do

We have been paying the tax's for about three years as well.

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Mar 25, 2020

While it is legally possible to assign a life estate to another person, all of the requirements listed int eh first life estate remain in place. For instance, if the life estate requires your wife to live on the property, she must continue living on the property.

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1 Answer | Asked in Probate for Georgia on
Q: I never took the oath does this invalidate my appt?
Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Mar 14, 2020

Assuming you are talking about a Georgia probate matter, if you never took your oath, you were never issued Letters Of Administration. Therefore, there is nothing to invalidate. The order appointing you should have given you a time period in which to take your oath. You should contact the probate... View More

2 Answers | Asked in Probate for Georgia on
Q: How to put a house in my name out of my deceased grandmothers name? Willed to my dad and uncle

My grandmother passed away leaving her house to my dad and his brother, they are giving me the house No conflict or liens on the house ,it is paid for. How do we change to name on the deed to put the house in my name? I have a copy of the will, the deed, the death certificate and the power of... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Mar 14, 2020

The easy answer is you need an Administrator's Deed to transfer the title to the house. You really need to see a real estate lawyer or a probate lawyer to prepare the deed(s). Since you did not inherit it, it is slightly more complicated than if you inherited it.

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1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: How long does it take to have a trustee removed?
Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Mar 6, 2020

How long is a piece of string? Not trying to be smart, but if the trustee agrees, it could take about 10 minutes. If the trustee fights removable, it might drag on for many, many years because of court calendars, etc.

1 Answer | Asked in Probate for Georgia on
Q: Trying to determine if my Aunt's will needs to be probated?

I was told it did not. She was not married and both sons died before her. In her will she left her property to a Nephew who was taking care of her and he died before her as well. The will specifically states that if he pre-deceased her the property comes back to the estate. Her home has a... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Mar 6, 2020

If there are no assets in the estate meaning that there is no money if you sell everything, then you should not open probate.

1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: What goes in order under O.C.G.A § 53-7-40 (2019) ?

1. Salary payable to Erma’s nurse-companion for a week prior to Erma’s death.

2. State inheritance tax due on a devise to Erma from her brother, who predeceased her.

3. Attorney’s fee payable to a lawyer who advised Erma during a real estate transaction.

4. Claim for... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Mar 5, 2020

It would be too difficult to give you specific advice on this issue. You are getting into the world of liability for making wrong decisions. You should hire a lawyer, take all of your documents in to the lawyer and let him give you great advice.

1 Answer | Asked in Estate Planning for Georgia on
Q: Petition for No administration vs. Petition for Letters of Administration

My dad died without a will in GA ( gwinnett county). The only assets he has are a house jointly owned with my mom with rights of survivorship and a business checking account which is solely in his name. No POD or beneficiary on the business checking. My question is would I file a “no petition... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Mar 4, 2020

You must file a Petition to Appoint Administrator to secure the funds in the business account for your mother.

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: My grandfather passed recently. How soon can I determine the validity his will which we discussed years ago
Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Feb 3, 2020

Assuming your grandfather died in Georgia, you or any of his heirs can file his will for probate as soon as you have the death certificate. You will file the Will in the probate court of the county where your grandfather died.

1 Answer | Asked in Probate for Georgia on
Q: I have 2 minor sons whose father died last year. He had life insurance and left money for both of them in their names.

The company put the money in an account for them which I cannot touch. I need access to this money for daily living expenses since I can no longer collect child support. What, if anything, can I do?

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Jan 22, 2020

The companies should not have placed the money into accounts for the children. You should file for a conservatorship and claim the money. You also should be getting social security checks for the children to replace the child support. You should seek the help of a lawyer with knowledge of these... View More

1 Answer | Asked in Estate Planning for Georgia on
Q: My brother passed away in GA. He was a homeowner & we were told we had to post this in the local paper for 90 days, why

Is this for local debtors only?

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

I'm not sure what "this" is? If you were appointed administrator, you have to run a Notice to Debtors and Creditors in the local newspaper. The ad runs for 4 weeks and generally costs about $80 to run.

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: My mother committed suicide in November 2019. I need help with how distribution of the estate

she wrote a letter saying she could not find her living will. We have been unsuccessful in finding it as well. She listed where her assets so go. She listed at the end that her current husband (only 9months married) is entitled to nothing and she wants him to get nothing. She has stocks, a car and... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Jan 17, 2020

Because your mother died without a will, there are no considerations given for what she told others she wanted. Nor do her handwritten notes have any bearing on how her estate is to be distributed. You are required to distribute 1/3 of the estate to her spouse and divide the remaining 2/3 among... View More

1 Answer | Asked in Probate for Georgia on
Q: My husband passed last week; WWII vet. Will specifically excludes other relatives; I'm heir and executrix.

No estate; we have joint checking act. for Social Security, home joint tenants with survivorship, do not own car. He DID have 2 credit cards I can't pay.I'm not on them at all. Do I have to probate in Georgia due to credit cards? Thank you.

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Jan 16, 2020

You only have to offer the will for probate if there is property needing transfer required by a probate court order. Therefore, all you need to do is file the will with the probate court and tell the judge it is not for probate.

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