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Questions Answered by Jammie Taire
2 Answers | Asked in Estate Planning for Georgia on
Q: What happens if a will is not probated in Alabama in 5 years?
Jammie Taire
Jammie Taire answered on May 16, 2020

You would need to consult with an attorney in Alabama or one who is licensed to practice in AL. I believe this question may have been mistakenly posted for GA.

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2 Answers | Asked in Probate for Georgia on
Q: The executor of my grandfather estate is 77 years old can we petition the court for the granddaughter to be one

The executor is the sister of the grandfather and is not paying taxes on property and trying to sell when the rest of the beneficiaries do not want to sell.

Jammie Taire
Jammie Taire answered on May 16, 2020

I am sorry for your loss. There is not quite enough detail to answer this question. You mentioned that the executor of your grandfather's estate; therefore, I assume there was a Will. If the Will gives her discretion in selling the property, then she may sale the property so long as she... Read more »

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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?
Jammie Taire
Jammie Taire answered on Apr 21, 2020

I would first like to extend my condolences for your loss. You stated that it was a letter. In Georgia, one of the basic requirements for it to be a valid will is that it must be signed by two (2) witnesses who are not listed. If it is not then it is not "valid".

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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
Jammie Taire
Jammie Taire answered on Apr 20, 2020

The answer to this question is it depends. If everyone is alive then you do not necessarily need an attorney and you may be able to simply convey the property with a quitclaim deed. If there is a mortgage on the property, you may want to check the security deed to see if there are penalties... Read more »

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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
Jammie Taire
Jammie Taire answered on Apr 2, 2020

Attorney Hughes is absolutely correct. Although there is no "small estate affidavit" in Georgia, pursuant to the Georgia code, GA Code § 7-1-239 (2018), i"whenever any person dies intestate having a deposit of not more than $10,000.00 in a financial institution, such financial... Read more »

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2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: My divorced brother passed away and the beneficiaries for his life insurance were his minor children (in GA).....

I understand the court typically assigns the remaining parent as the custodian/manager of the children's life insurance policy. What if you would like to contest this b/c we are extremely concerned that the parent will spend the money left for the children's college and/or future needs... Read more »

Jammie Taire
Jammie Taire answered on Apr 2, 2020

Attorney Coleman is absolutely correct; however, there are instances where the divorce decree did not make provisions for a life insurance policy, what then? Many insurance companies require that the parent/guardian be named as the conservator over the child for purposes of the life insurance... Read more »

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1 Answer | Asked in Probate for Georgia on
Q: Probation violation , technicality.
Jammie Taire
Jammie Taire answered on Mar 29, 2020

This is a criminal law question and not enough information provided.

1 Answer | Asked in Probate for Georgia on
Q: DeKalb Co Georgia probate: How does Executor account for a car in a Will given away when the owner was still alive?

I'm an executor for a Will in DeKalb County Georgia, for my late sister. She left her late-model car to a nephew in her will, but verbally gave him to him before her death; her title and registration were already signed but he then signed it over to a friend in another state. The title was... Read more »

Jammie Taire
Jammie Taire answered on Mar 21, 2020

This is something that happens often. If she did not own the asset at the time of her death then you do not need to account for it.

1 Answer | Asked in Probate for Georgia on
Q: I have been on unsupervised probation and the other day I get a call saying that he was my new probation officer

I need to come see him what could be wrong if I'm on unsupervised why would he be calling me in

Jammie Taire
Jammie Taire answered on Mar 21, 2020

This question should be under criminal law.

3 Answers | Asked in Estate Planning and Probate for Georgia on
Q: If one lives and financially assists parent for years and other child contributes nothing can parent give house to them?
Jammie Taire
Jammie Taire answered on Mar 29, 2020

As the other two attorneys have pointed out, yes, a person can choose to leave their assets to one person over another; however, the only way to ensure this happens is to make sure they have the proper estate planning documents in place. If they do not have a will or a trust leaving the property to... Read more »

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3 Answers | Asked in Estate Planning and Probate for Georgia on
Q: Can parent give inherited house to one child that has never lived nor contributed anything to over another child that

Contributed to financially and took care of parent for years; sidelining her own life to do so. Can one child have that favor?

Jammie Taire
Jammie Taire answered on Mar 29, 2020

As the other two attorneys have pointed out, yes, you can choose to leave your assets to one person over another; however, the only way to ensure this happens is to make sure you have the proper estate planning documents in place. If you do not have a will or a trust leaving the property to whom... Read more »

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2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: My dad died without a will. He was married to my step mom at the time. How do I get anything of my dads?
Jammie Taire
Jammie Taire answered on Mar 21, 2020

My condolences on your loss. Under GA law, if a person dies without a will, the assets pass equally to the spouse and children with the spouse taking no less than 1/3. You can apply to be named as administrator over the estate. If your stepmother has been named as administrator, you are still... Read more »

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1 Answer | Asked in Probate for Georgia on
Q: I was arrested while on probation. There was no hold put on me and I was released will I be arrested for violation

Im ahead on my payments and have no previous violations

Jammie Taire
Jammie Taire answered on Nov 25, 2019

This is not a probate question. You need to post this in the criminal law section. In short, it depends. Your probation officer may choose to file a revocation. You should post this question in the criminal law section for a more thorough response.

1 Answer | Asked in Probate for Georgia on
Q: What is the remedy for not being given legal notice for a hearing in probate court in Fulton county Georgia

I filed a petition for removal of administrator of an estate. When the court date was set. The court sent notice to the wrong address. The petition specified that notice should be sent to my P. O. Box, but it was sent to the listed street address. Though all other notices(i.e. medidiation,... Read more »

Jammie Taire
Jammie Taire answered on Nov 18, 2019

I would recommend that you contact the court regarding this issue immediately. Most likely, you will have to file a Motion to set aside the Order of the Court. If you bring it to the court's attention, they may vacate the order.

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: What happens if I don’t sign for the succession but everybody else did?

The lawyer we had quit before we resolved anything. I’ve been living in my mamas trailer for 2 years next month. She told me to move in her place after she wanted to get put in the nursing home. She died 4 months after I moved in. I’m still here but my siblings was to evict me when I’ve been... Read more »

Jammie Taire
Jammie Taire answered on Nov 18, 2019

Hello. You have my deepest sympathy for the loss of your mother. This is a difficult question to answer given the information provided. I am unsure if anyone has actually filed to be named as administrator or executor based on the information provided. I will assume someone has petitioned to... Read more »

1 Answer | Asked in Criminal Law and Probate for Georgia on
Q: If someone told my probate officer I moved when I haven't. How can someone get me out of jail?

I have been out of the pin for a year the third. I haven't moved still at the address I gave my probate officer. But someone told them I moved an they came an picked me up.

Jammie Taire
Jammie Taire answered on Nov 12, 2019

This question is listed in the wrong section.

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

Jammie Taire
Jammie Taire answered on Nov 6, 2019

The answer it depends. If you consent to the proposed executor being named as the executor then you can sign the acknowledgment of service and have no objection to the probate of the will, then you can sign the acknowledgment. You make sure you have reviewed the will and do not see any problems... Read more »

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1 Answer | Asked in Criminal Law for Georgia on
Q: If someone told my probate officer I moved when I haven't. How can someone get me out of jail?

I have been out of the pin for a year the third. I haven't moved still at the address I gave my probate officer. But someone told them I moved an they came an picked me up.

Jammie Taire
Jammie Taire answered on Nov 5, 2019

This question is posted in the wrong forum. This is a criminal law question.

1 Answer | Asked in Probate for Georgia on
Q: My father passed away Aug of last year..He had a will but his sister is hiding it..I'm the only child and he never wed

How do I go about getting his will because I know it is a copy at a lawyer office somewhere in Douglas Ga,or Ambrose

Jammie Taire
Jammie Taire answered on Nov 4, 2019

You can file a Motion to require that she file the will if you are certain that he had a will. If a will has not been filed and you are not certain he had a will then you can file to be named as administrator over the estate.

3 Answers | Asked in Estate Planning for Michigan on
Q: I was looking for clarification on how a last will and testament works and what an executor can actually do and not do.

My father recently passed in August. He had a total of 5 children including myself. He left one of my sisters as his executor. I have received a copy of his will but I do not really understand it. It seems very broad just states everything he has is to be equally divided between the 5 of us. Well I... Read more »

Jammie Taire
Jammie Taire answered on Nov 4, 2019

I would first like to express my sympathy for the loss of your father. It seems that your grief has been compounded by the turmoil in the family. When a will has language like "everything equally between my children" it is rather broad in the language but does not necessarily mean that... Read more »

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