Questions Answered by John W. Chambers Jr

Q: What's the difference between setting up a health care directive to carry out my medical wishes if I become unable to

1 Answer | Asked in Estate Planning for Georgia on
Answered on Oct 19, 2018
John W. Chambers Jr's answer
In an advance directive for health, the principal (i.e., the person who executes the document) may appoint an agent to make health care decisions. If he appoints an agent, then the advance directive is a medical power of attorney. Another type of power of attorney is a financial power of attorney whereby the principal appoints an agent and grants the agent various powers to conduct financial transactions. In Georgia, it is common for a person to have both an advance directive for health care...

Q: Dad passed away in Cobb County. Brother & I are co executors. Can my brother renounce this as he is out of state?

2 Answers | Asked in Probate for Georgia on
Answered on Oct 16, 2018
John W. Chambers Jr's answer
Your brother may renounce his right to serve, and unless your father named a successor co-executor, you could serve as the sole executor. The renunciation must be in a writing signed by your brother and his signature must be notarized. The renunciation must be filed with the probate court. Renunciation of the right to serve as executor should not have any effect on life insurance. You would have to review the provisions of the Will to see if it had any effect on any of the gifts. The...

Q: I am named executor of my Fathers will. My Father had a business I am expected to sell. Do I have to probate the will.

1 Answer | Asked in Probate for Georgia on
Answered on Sep 19, 2018
John W. Chambers Jr's answer
I recommend that you seek the advice of a probate attorney. If a decedent's business is part of his estate and the decedent had a will, the person named as executor in the will would need to probate the will and petition the probate court to be appointed executor. What the executor may do with a business which is an estate asset depends on the provisions of the will and applicable law. You would need to have a probate attorney review all the pertinent facts to be able to properly advise you...

Q: My father died 7 years before my stepmother she never probated his-will. My father has 2 living children my stepmothers

2 Answers | Asked in Probate for Georgia on
Answered on Sep 14, 2018
John W. Chambers Jr's answer
My recommendation is that you consult with a probate attorney, who can review all the pertinent facts. At a minimum, the attorney would need to review the deed to the probate (and perhaps obtain a title report), your father's Will, and your stepmother's Will. If your father had an interest in the property which was part of his estate, then it would be necessary to probate his Will in order to transfer his interest to whomever he left it. If your stepmother had an interest in the property,...

Q: Can you help me?

1 Answer | Asked in Probate for Georgia on
Answered on Aug 21, 2018
John W. Chambers Jr's answer
More information would be needed to answer your questions, and I would urge you to seek the advice of a probate attorney. Whether your father's interest in the house passed to his girlfriend would depend on whether the property was owned by them as joint tenants with survivorship or as tenants in common. With joint tenancy with survivorship, the interest in property passes to the surviving owner outside the probate estate. On the other hand, if property is owned by multiple owners as tenants...

Q: My husband died in Georgia in 2007, can I still file Quit Claim deed from 2007 in Fl avoiding probate on land

1 Answer | Asked in Probate for Georgia on
Answered on Aug 19, 2018
John W. Chambers Jr's answer
If the property is in Florida, you need to consult with an attorney who is familiar with Florida law. If you received Letters Testamentary in Georgia after probating your husband's Will in Georgia, there might be a way to deal with this property without having to file an ancillary probate proceeding since it has been so long since your husband died. It is my understanding that if the property were in Georgia, there might be a problem filing the deed at this time, as there would be no...

Q: My Dad passed away and my Mom is the sole beneficiary in his will. Do we need to file his will in probate court?

1 Answer | Asked in Probate for Georgia on
Answered on Jul 30, 2018
John W. Chambers Jr's answer
The answer to your questions depends on what property your father owned. If there is property in his probate estate, the person named as executor in the will probably would need to file a petition to probate the will. I recommend that the person named as executor contact a probate attorney, who can advise such person after reviewing pertinent information needed to answer your question. This response is intended to provide general information only, and not legal advice. It does not establish...

Q: father has just passed and wife and him were both on the deed to his house. Are his maternal kid entitled to house?

1 Answer | Asked in Civil Rights and Estate Planning for Georgia on
Answered on Jul 20, 2018
John W. Chambers Jr's answer
In Georgia, if real property is owned by two people as joint tenants with right of survivorship, on the death of the first owner, the property would belong to the surviving owner. If the property is owned by two people as tenants in common, on the death of the first owner, the undivided interest of the owner in the property would be part of his estate. In such case, the heirs might have an interest in the property, either as beneficiaries under a will, or through the inheritance laws if there...

Q: Step mother is asking for a year's support from estate of my father? What does this mean?

1 Answer | Asked in Estate Planning for Georgia on
Answered on Jul 13, 2018
John W. Chambers Jr's answer
Here is some general information. In Georgia, a petition for year's support is a petition by the surviving spouse to have property in the estate set aside for her benefit. If the petition is granted, the property will be set aside to the spouse and the spouse will own the property. If the order for year's support sets aside property (e.g., a house) to the surviving spouse, the surviving spouse will own the property without regard to the provisions of the will. Other heirs, such as children,...

Q: My Great Aunt was a widow in Fulton County Ga. She has Passed she never had any children. In her will dated from 1992

1 Answer | Asked in Probate for Georgia on
Answered on Jul 10, 2018
John W. Chambers Jr's answer
The answer to your question depends on the express terms of the will and the applicable provisions of Georgia law. I recommend that you consult with a probate attorney. The attorney would need to review the provisions of your great aunt's will to answer your question.

Q: A brother and his sister owns a piece of land together on which the home that he and his wife has lived for almost 40

2 Answers | Asked in Estate Planning and Probate for Georgia on
Answered on Jun 22, 2018
John W. Chambers Jr's answer
If the brother and sister owned the property as joint tenants with survivorship, on the death of the brother, the sister would own the property under Georgia law. On the other hand, if the property were owned by the brother and sister as tenants-in-common, the brother's undivided interest in the property would be part of his probate estate. The administrator of an estate must satisfy certain obligations before distributing the estate to heirs. The widow would be an heir, as would be any of...

Q: Mother passed with will while in nursing home paid for via Medicaid. I am only living child and only heir in will.

1 Answer | Asked in Elder Law and Probate for Georgia on
Answered on Jun 16, 2018
John W. Chambers Jr's answer
Here is a link to a brochure available from the Georgia Department of Community Health: https://dch.georgia.gov/sites/dch.georgia.gov/files/Web%20Version%202014.pdf. The brochure states: "The total gross value of the estate must be valued over $25,000 for estate recovery to apply. An estate includes all real and personal property (homes, land, vehicles, cash, bank accounts) held individually or jointly. All assets of a deceased Medicaid member are subject to recovery including property held...

Q: If a trustee is appointed over a child whom inherits a home, who pays the taxes for the home until the child reaches age

1 Answer | Asked in Estate Planning for Georgia on
Answered on Jun 9, 2018
John W. Chambers Jr's answer
I assume you mean that there is a trust, the home is a trust asset, and the child is a beneficiary of the trust. An attorney would have to review the trust and know what other assets are in the trust to determine the answer to your question. I recommend that you consult an estate planning attorney.

Q: We have a copy of a will dated 2014 we are probating it in Georgia. We cannot locate the original will. We need to have

1 Answer | Asked in Probate for Georgia on
Answered on May 23, 2018
John W. Chambers Jr's answer
In Georgia, if the original will is missing, there is a rebuttable presumption that the testator intended to revoke the will. In such case, you usually would be required to present evidence to rebut the presumption of revocation. You certainly may hire someone or use a service to try to locate a witness to the will. In the event a witness cannot be located, there still may be a way to probate the will (assuming you can produce the original will or rebut the presumption of revocation due to...

Q: My brother passed away last January with myself and my two siblings as his hiers, we arent on his deed,his HOA

2 Answers | Asked in Probate for Georgia on
Answered on May 10, 2018
John W. Chambers Jr's answer
You do not provide sufficient information for an attorney to give you any direction. Generally, heirs would not be responsible for the debts of the decedent simply because they are heirs. However, if you wish to inherit real property (e.g., a home) owned by the decedent, generally the debts of the decedent would have to be paid or arrangements with the creditor would have to be made. I recommend that you contact a probate attorney in connection with this matter.

Q: How can life ins. Be part of estate

1 Answer | Asked in Estate Planning for Georgia on
Answered on Apr 30, 2018
John W. Chambers Jr's answer
Generally, if a life insurance policy has a designated beneficiary and the beneficiary survives the insured person, the policy proceeds would be paid to the designated beneficiary. In such event, the proceeds would not be part of the probate estate and not pass under the terms of the will. On the other hand, if the estate is the beneficiary, the proceeds would be part of the estate. Also, if there is no designated beneficiary, the terms of most policies would provide that the proceeds would...

Q: Selling deceased Father house in TN as executor, probated in GA-mistake, have letter of test, have buyer- can I sign

1 Answer | Asked in Probate for Georgia on
Answered on Apr 24, 2018
John W. Chambers Jr's answer
In some states, it is not necessary to have an ancillary probate proceeding to transfer real property when a will has been probated in another state. What is needed to transfer property in Tennessee is determined by the law of Tennessee. I suggest that you consult with a probate attorney located in Tennessee.

Q: if my grandmother gave me her will and my aunt had her set up a trust after she had a stroke and I am the only heir

1 Answer | Asked in Civil Litigation and Probate for Georgia on
Answered on Apr 24, 2018
John W. Chambers Jr's answer
Property (and that term includes all types of property) which is in the probate estate would be subject to the provisions of the will and applicable law. Property in a trust would be subject to the terms of the trust and applicable law. Generally, if there is property in the probate estate, there would be a need to file a petition to probate the will. You should seek the advice of a probate attorney who can advise you after reviewing additional information.

Q: Do I need an Attorney

1 Answer | Asked in Contracts and Real Estate Law for Georgia on
Answered on Apr 9, 2018
John W. Chambers Jr's answer
I suggest that you consult with a real estate attorney. You should obtain insurance on the property, and this usually is obtained through the closing attorney. Unless the closing attorney represents you, you might be well served by retaining a real estate attorney to represent you. This response does not constitute legal advice and does not establish an attorney client relationship between us.

Q: My stepmother passed away in Nov. 2018 intestate. My father was the sole heir. He passed away in Mar 2018 intestate.

1 Answer | Asked in Estate Planning and Probate for Georgia on
Answered on Apr 7, 2018
John W. Chambers Jr's answer
You state that your stepmother died intestate (i.e., without a will). You further indicate that your father survived her and was her sole heir. (This would mean that your stepmother did not have any descendants who survived her.) Assuming this to be the case, then your father would inherit her probate estate. Please note that the inheritance would be subject to the Georgia law regarding the obligations of the decedent's personal representative (e.g., the obligation to pay the debts of the...

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