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Questions Answered by Jammie Taire
1 Answer | Asked in Probate for Georgia on
Q: Ex-wife died 11 yrs ago, son w/same name different middle, has petitioned to open an estate in probate on the home in

both our names. The IRS and Fannie Mae have liens on the property. Is he spinning his wheels? Can I quitclaim her off the deed?

Jammie Taire
Jammie Taire answered on Jul 28, 2020

The answer is it depends but most likely not. If the deed has language that includes "joint right of survivorship" then the property passes to you by operation of law. Unfortunately, most deeds do not include this language. If the deed does not have this language then you will need to... Read more »

1 Answer | Asked in Bankruptcy and Probate for Georgia on
Q: Georgia, details for attempted battery ?

What is the required happenings to a victim to be considered an attempted battery?

Jammie Taire
Jammie Taire answered on Jul 17, 2020

This question should be posted in the criminal law section. Probate deals with deceased estates, guardianships, etc.

1 Answer | Asked in Probate, Criminal Law and Gov & Administrative Law for Georgia on
Q: Probation revocation and Ga covid laws

Does it state in the Ga law in regards to the new covid laws that someone who is still incarcerated almost 6 months now should be let out into the community pending there finally revocation hearing.. And we have been told that ga laws are on suspension but does the law not state the longest... Read more »

Jammie Taire
Jammie Taire answered on Jul 17, 2020

This is not a probate question. It should be posted in the criminal law section.

1 Answer | Asked in Probate for Georgia on
Q: What does probation hearing mean
Jammie Taire
Jammie Taire answered on Jul 17, 2020

This question should be posted in the criminal law section. Probate deals with estates of the deceased, guardianship, etc. On another note, if it is a probation revocation hearing, it is because there is an allegation that the terms of the probation have been violated and a hearing is set to... Read more »

1 Answer | Asked in Medical Malpractice and Probate for Oklahoma on
Q: Can my brother in law get his medical card while on probation
Jammie Taire
Jammie Taire answered on Jul 17, 2020

This question is posted in the wrong practice area. The probate section is for matters involving guardianship, deceased parties, etc. You may want to post in social security/disability.

2 Answers | Asked in Estate Planning for Georgia on
Q: Can I do. Living (revocable) Trust in Georgia?
Jammie Taire
Jammie Taire answered on Jul 17, 2020

A revocable trust can be a very valuable tool depending on what you are seeking to accomplish. Unlike just doing a will, a revocable trust allows you privacy at the probate process, can allow for easier transfer of assets and helps when you have assets in different states.

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1 Answer | Asked in Estate Planning, Banking and Elder Law for Georgia on
Q: Can a power of attorney include medical consultant for the person that the poa is for?
Jammie Taire
Jammie Taire answered on Jun 11, 2020

Yes. I am not clear on "medical consultant" but a power of attorney can include provisions to allow the agent to access medical records. It is also recommended that an advance directive for healthcare be completed as this will appoint an agent for healthcare decisions.

1 Answer | Asked in Probate for Georgia on
Q: What info should be in # 4 in a petition for letters of administration? All children living but all not found.

3 of the 5 children found and responded. I'm trying to admend petition. Please respond

Jammie Taire
Jammie Taire answered on Jun 4, 2020

Good Evening: I am posting #4 here:

Required: [Provide sufficient factual information to enable the Court to conclude that all

of the heirs of the Decedent are included and that there are no heirs of the same or closer degree

according to O.C.G.A. § 53-2-1. Provide the...
Read more »

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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