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Questions Answered by Robert W. Hughes Jr.
1 Answer | Asked in Probate for Georgia on
Q: My dad died intestate and I am the only son. What form do I file to obtain access to his safety deposit box?

We closed out bank accts with an affidavit but they will not allow us to access the safety deposit box.(we have both keys) We were told we could transfer truck title with an affidavit as well so what form do i file to just get contents of the safety deposit box?

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Jan 10, 2020

There is no form. You need to file a petition to open safe deposit box for the purpose of inventorying the contents and search for a will.

1 Answer | Asked in Estate Planning, Elder Law, Probate and Family Law for Georgia on
Q: I was a care taking for a lady with dementia. A lawyer has been granted conservatorship over her. I no longer care

for her, but am owed over $2000 in wages. First the lawyer told me he had to get on her account, then he said her had to put money in a conservatorship account and now he says he has to get approval from the court before he can pay me. It's been 3 months. What is the truth?

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

Everything you have been told is accurate. You can ask the lawyer for a copy of the documents he filed in court to get approval to pay you. You can also ask the probate court for a copy of the document he filed for permission to pay you.

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: What form needs to be completed and signed by the heirs of a deceased parent to release their interest in real property?

the will has been filed with the courts but was not taken to probate. will named spouse as beneficiary. The real property is occupied by the spouse and she is trying to refinance but needs to have the property title put in her name as it was only in her deceased husbands name.

property... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Dec 30, 2019

You have two choices. You can probate the will and transfer the real estate to the spouse by way of the Will. You can also have the spouse file a petition for year's support and ask the court to give the house to the spouse. These are the only ways to get the property transferred to the... View More

1 Answer | Asked in Estate Planning for Georgia on
Q: Dad passed, married to my stepmom 5 years. My brother took his vehicle and won’t give back. How do we get it back?

My brother has taken a car that is registered in both dad and stepmoms name. How do we get back without causing family issues?

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Dec 13, 2019

This is a probate question, not estate planning. The question is very easy to answer until you throw in that last phrase. Whatever you do is going to cause family issues. If you ignore the problem, I assume the auto insurance will lapse, your brother will be arrested eventually for driving an... View More

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Is Probate or any other process (legal or otherwise) needed when there's a notarized Last Will and no real property?

My mother passed away Thursday. She has a Last Will created and notarized in 2008, listing my brother and I as inheritors (both 18+). She lived in an assisted living facility in GA, owned personal property but no real property, and received regular deposits from SSA-Disability and State Teachers... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Dec 1, 2019

You are required to file the original will with the probate court, but not for probate. Whether you need to offer it for probate depends on the amount int eh bank account. If there is less than $10,000 in your mother's bank account, the bank should divide the money between you and your... View More

1 Answer | Asked in Probate for Georgia on
Q: How long does a beneficiary have to file a death claim in ga
Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Nov 24, 2019

I guess that depends on who you are filing it with. You certainly should file a claim within a year of knowing that someone has passed away. I am not sure if you are asking about opening an estate in probate court, or filing a claim on a life insurance policy or countless other places where a... View More

2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: I am an only child.Dad's estate is approx.$25,000.No other heirs.He died intestate.Can I file Small Estate affidavit?

Dad died here at my home in Cherokee County. He has a 2007 Nissan truck in my driveway and he has 2 bank accts with about $8000 in each. That is all! No other possible heirs! No debts, no creditors! Do I have to file for Letters of Administration or can I file Small Estate?

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Nov 25, 2019

Georgia does not have a small estate affidavit. However, you can go to each bank and the bank is required to give to the heirs all sums under $10,000 in the bank. This is in accordance with O.C.G.A. 7-1-239. You will need a death certificate and you will need to sign an affidavit the bank will... View More

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2 Answers | Asked in Probate for Georgia on
Q: If my dad did not leave a will is the house that he owned with my mother also the heirs home now as well? I'm Prob Admin

My dad did not leave a Will. I am the Probate Administrator now. I am going through the laws around the appropriate measures to take for my mother and three adult children. His house is in Carroll County Georgia. We were told that the house he owned with my mother is also now ours as well... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Nov 22, 2019

You really should hire an attorney for some advice about estate administration. That said, it seems your father owned the house by himself. If so, because he died without a will, the house belongs 1/3 to your mom and 2/3 to the children. The children can give their share back to the mother, they... View More

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2 Answers | Asked in Probate for Georgia on
Q: I received an Acknowledgment of Service and Assent to Probate Instanter, today. Is it really necessary that I return it?

I am the only other heir that received it. I was omitted from the Will, which is fine by me. My sister didn’t even notify any of family members of the passing of our Father

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Nov 7, 2019

You are not required to sign any documents. If you choose not to sign and return the documents, a sheriff will serve the documents on you. Even then, you are not required to take any action. If you don't object to the will, your signature will allow the process to proceed more smoothly and quicker.

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1 Answer | Asked in Probate for Georgia on
Q: A wife filed for divorce, but before completion, the husband dies without a will. who can execute in probate?

The husband has no living kids and the wife can't be the executor because she has a pending divorce. Should she dismiss the divorce action to be the executor, or is it not quite so easy?

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Nov 5, 2019

the divorce is automatically dismissed at his death when you let the superior court know he died. File for administration and ask that county administrator be appointed as personal representative. Wife will inherit all assets. A year's support might be a better option that administration.... View More

1 Answer | Asked in Estate Planning for Georgia on
Q: How long does it take to get letters of administration from DeKalb county Court in Georgia?

I am the named executor in a very simple will for a recently deceased relative who just had some cash and a few belongings. I have already filed the will and all necessary papers, but I'm getting answers all over the map about how long it takes to get the letters testamentary in order to begin... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Nov 3, 2019

It depends on whether all the heirs signed the Acknowledgment of Service and Assent to Probate Instanter. If so, you will have letters in less than a month. If everyone did not sign off, then service has to occur and it will take months to get letters.

2 Answers | Asked in Estate Planning for Georgia on
Q: My mom moved from GA to NC with me, we recently went to get a new license plate for her but we could not because the

title of her car had her name and her deceased husband's name on it with no and /or beside the name. The plate office told us to go to the clerk of court with a will and death certificate. When we got to the clerk of court they told us we had to go to GA as the title was in GA but we are a... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Nov 1, 2019

Nope. You need to ho to a tag office in the county where your parents lived. Your mom needs to bring the car title and the will. They will put her name only on the title. Then go back ton NC and transfer title to NC.

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2 Answers | Asked in Estate Planning for Georgia on
Q: I'm the only living heir to my dad's will before he passed he told my aunt that I will be left all he had but his sister

Who lived with him is hiding the will..I need to know how to recover a copy of the will so I can get the process started..I'm 38 with Congestive heart failure and stress is not healthy..I just need some direction on how to start this process

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Oct 31, 2019

That might be the best answer you could hope for. Without a will, and assuming your Dad was not married when he died, and you are his only child, you get everything. However, if there are other children who died before your dad, and those children have children, then you will share with those... View More

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1 Answer | Asked in Estate Planning for Georgia on
Q: Does Georgia require a witness in addition to a Notary for a Living Trust?
Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Oct 30, 2019

Trusts should be witnessed and notarized, not necessarily to be effective, but to insure the trust's ability to transact business moving forward. If the trust is going to transfer land, then it needs to be notarized. The presence of a witness further ratifies the validity of the trust. A... View More

1 Answer | Asked in Probate for Georgia on
Q: In the State of Georgia when can a guardianship for a child turning 18 be filed.

I need this to be in effect on the day he turns 18 due to intellectual disability.

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Oct 30, 2019

You can file for guardianship at any time. Certainly, if you are worried about SSI or other benefits flowing to your child when he reaches adulthood, you should start now. The process takes about 2 months. We usually start seeing people when the child is about 17 1/2 to start helping with the... View More

3 Answers | Asked in Criminal Law, Probate and Estate Planning for Georgia on
Q: My father was sworn in as Executor to my Grandfather’s Estate, and Georgia Probate Court suspended and then revoked him

as Executor, and embezzled the estate assets into my sisters company,

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Oct 19, 2019

If the question is "What's next?", then a new person has be be appointed executor or administrator. Thst person will then sue your grandfather and your sister for return of the property.

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1 Answer | Asked in Probate for Georgia on
Q: My mother passed away I'm the Executor of the will. My sister and I were the beneficiary but she is now deceased for

2yrs do I need her husband at the time of her death to sign the paper work to probate it.

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Oct 16, 2019

Your sister's children would be the appropriate people to contact regarding the handling of the estate. Her husband is not an heir to your mother's estate. However, you need to determine whether the Will requires bequests to your sister to be paid to her heirs.

1 Answer | Asked in Probate for Georgia on
Q: How long does representative have to respond to damand for notice from probate court
Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Sep 29, 2019

The time to respond varies depending on the type of notice. It could be as few as 10 days or as many as 30 days.

1 Answer | Asked in Probate for Georgia on
Q: The sole member of an LLC to which I had given a deposit for landscaping work died before beginning the project. His

wife has filed a Petition for Year's Support, including the assets of the LLC in the petition. I am not listed as a creditor of the LLC, even though I have notified the LLC of the deposit owed to me. The bookeeper for the LLC tells me they intend to return my deposit (several thousand... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Sep 27, 2019

You should file an objection to the Petition for Year's Support. You also should file a claim against the estate for he money you paid the LLC.

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