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Questions Answered by Jammie Taire
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 the... Read more »

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1 Answer | Asked in Estate Planning for Georgia on
Q: Can heir property be taken from other heirs if the person who stay in the home leaves it to someone else in their will?
Jammie Taire
Jammie Taire answered on Oct 6, 2019

In order to properly answer this question, a little more information is needed. I am not clear on what you are considering "heir" property. In any event, a person can only leave what they have so even if the person is staying in the property that does not necessarily give them title to the... Read more »

1 Answer | Asked in Estate Planning and Landlord - Tenant for Georgia on
Q: I met this guy a few months ago who lived alone. He just lost his wife and his mom and was really depressed.

I was in a situation where i was previously living and i needed to move. So it seemed like we could both help each other. He asked me if i would consider moving in with him as friends and help him get his house back in order, it would have probably been considered unlivable in its current state.... Read more »

Jammie Taire
Jammie Taire answered on Oct 6, 2019

Hello:

This sounds like a really bad situation and my first response would be for you to leave and get yourself out of this situation. Your safety is of the utmost importance. I am not sure of the question. What is your specific question?

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: My mom died (90) I was her caregiver and live in her home with her for 29 years, she had credit debt will I loss my home
Jammie Taire
Jammie Taire answered on Sep 1, 2019

First, let me express my sincere sympathy regarding the loss of your mother. The answer to your question depends on many things and there is not enough information to provide a thorough answer. We would need to know whether your mother had a will, how the property was deeded, how much debt your... Read more »

2 Answers | Asked in Probate for Georgia on
Q: What can I do to protect my spouse that is not co-buyer on a home if i should pass away?

I have the better credit score but I don’t want my spouse to have the burden of losing or face a due-at-sale clause.. what are my options,, we are about to buy a home

Jammie Taire
Jammie Taire answered on Sep 1, 2019

First, congratulations on your decision to purchase a home. This is a big step and I commend you and your spouse for electing to make this investment!

One option available to you is to speak to the closing attorney and have the deed prepared in both names with joint right of...
Read more »

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1 Answer | Asked in Estate Planning for Georgia on
Q: Can a trustee use funds from an irrevocable trust to create a new irrevocable trust for a different beneficiary?

I am the sole beneficiary of a 15 year old irrevocable trust and I believe the assets were recently moved into other brand new irrevocable trusts with new beneficiaries. (The grantor is the trustee) If the trustee has no other funds to reinstate my trust assets are the newly created irrevocable... Read more »

Jammie Taire
Jammie Taire answered on Feb 18, 2019

This can be considered a difficult and loaded question without the benefit of looking at the language in the trust. As a general answer, I will say that this is possible. It is called decanting. If you are concerned about the trustee you may reach out to the trustee or consult with an attorney... Read more »

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: What rights do I have as a heir so that everything doesn't go to my half siblings when my step mother passes?

My father died intestate 4/2015. Stepmother barely speaks since he passed. Don't think that everything should go to her children. She will not give any thing to us.

Jammie Taire
Jammie Taire answered on Feb 18, 2019

I would like to express my condolences for the loss of your father. From the information you provided, I assume that your Father did not have a will at the time of his death. As such, in GA, his assets would be divided between your step-mother and his children with the step-mother taking no less... Read more »

1 Answer | Asked in Estate Planning for Georgia on
Q: I was one day late giving answer to the eviction. I emailed the court yesterday on the final day to let them know I was

On the way. I didn't make it. Got there at 9 this morning and they tell me it was too late. We had to be out in 24 hours this man didn't make out a new lease when the old one went out I thought I would had 60 days to get out according to the tenant at will. I have every message between the landlord... Read more »

Jammie Taire
Jammie Taire answered on Feb 6, 2019

This is a difficult time. Under Georgia law, when someone files a dispossessory action against you, you have 7 days to file an answer from the date it is served (service may be posted on your door). If you do not file the answer within the seven (7) days the landlord can get an writ against you... Read more »

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