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Questions Answered by John W. Chambers Jr
1 Answer | Asked in Estate Planning for Georgia on
Q: What's the difference between setting up a health care directive to carry out my medical wishes if I become unable to

make my own health care decisions and a power of attorney?

John W. Chambers Jr
John W. Chambers Jr answered on Oct 19, 2018

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... Read more »

2 Answers | Asked in Probate for Georgia on
Q: Dad passed away in Cobb County. Brother & I are co executors. Can my brother renounce this as he is out of state?

Unfortunately, my brother and I are unable to be in the same place at the same time to close out my father's bank account. If he renounces his duties as executor would this effect anything else? His life insurance benefits? We have full trust in each other... it is strictly a logistical issue.

John W. Chambers Jr
John W. Chambers Jr answered on Oct 16, 2018

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.... Read more »

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1 Answer | Asked in Probate for Georgia on
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.

My brothers portion I have to put in a trust that I oversee. The other six heirs are grandchildren. I am selling the business as a lease to purchase. Can I open a bank account in the estates name and pay the heirs monthly. There are no debts on the business or any other debts in my fathers name.

John W. Chambers Jr
John W. Chambers Jr answered on Sep 19, 2018

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... Read more »

2 Answers | Asked in Probate for Georgia on
Q: My father died 7 years before my stepmother she never probated his-will. My father has 2 living children my stepmothers

Kids preceded her in death. Her Will leaves the home to myself , brother, & stepbrother (deceased) I have been told both wills have to be probated separately: since there is a will is it even necessary to even go thru probate? I live currently live in the home, my brother lives in another state.... Read more »

John W. Chambers Jr
John W. Chambers Jr answered on Sep 14, 2018

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... Read more »

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1 Answer | Asked in Probate for Georgia on
Q: Can you help me?

My father passed away in July of this year. He left a living will and his estate to his oldest child(myself) but the will was over ruled when it turned out that my father had his girlfriend's name put on the house deed. Does that over rule the entire will or just the house and land? Also he was on... Read more »

John W. Chambers Jr
John W. Chambers Jr answered on Aug 21, 2018

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... Read more »

1 Answer | Asked in Probate for Georgia on
Q: My husband died in Georgia in 2007, can I still file Quit Claim deed from 2007 in Fl avoiding probate on land

I am executor of late husband's estate in GA. He owned property in GA and FL. His will left all property to me in GA and FL. I still live in GA. I am current on FL taxes. Wakulla County. No house just land. I just found Quit Claim Deed in 2018 he signed before he died in 2007 deeding FL... Read more »

John W. Chambers Jr
John W. Chambers Jr answered on Aug 19, 2018

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... Read more »

1 Answer | Asked in Probate for Georgia on
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?

All accounts are in both their names.

John W. Chambers Jr
John W. Chambers Jr answered on Jul 30, 2018

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... Read more »

1 Answer | Asked in Civil Rights and Estate Planning for Georgia on
Q: father has just passed and wife and him were both on the deed to his house. Are his maternal kid entitled to house?

stepmother was on the deed. do my sister and I have any rights to property if there is no will?

John W. Chambers Jr
John W. Chambers Jr answered on Jul 20, 2018

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... Read more »

1 Answer | Asked in Estate Planning for Georgia on
Q: Step mother is asking for a year's support from estate of my father? What does this mean?

My step mother and I are were left executors of the father's estate. This is a wife of 4 years who has gained almost everything my dad has worked his entire life for. He left her a life estate to live in the house but left the house to me and her each owning 50%. There are stipulations she has to... Read more »

John W. Chambers Jr
John W. Chambers Jr answered on Jul 13, 2018

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... Read more »

1 Answer | Asked in Probate for Georgia on
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

She stated that if she was to pass after her husband than everything should be split amongst her siblings. But what happens out of the 5 siblings if 2 are deceased also? Will there portion go to her deceased siblings children, nieces and nephews?

John W. Chambers Jr
John W. Chambers Jr answered on Jul 10, 2018

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.

2 Answers | Asked in Estate Planning and Probate for Georgia on
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

years is located and he passes away, does his half of the land transfer to his widow protected her from loosing her home or does his half of the land transfer to his sister? Their home and the land is in the state of Georgia. There was no will.

John W. Chambers Jr
John W. Chambers Jr answered on Jun 22, 2018

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... Read more »

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1 Answer | Asked in Elder Law and Probate for Georgia on
Q: Mother passed with will while in nursing home paid for via Medicaid. I am only living child and only heir in will.

Her only asset is land in south Georgia worth approximately $65,000 which I would like to keep. Will I be required to sell land to satisfy Medicaid Estate Recovery? If so, can I buy the land or negotiate with Medicaid to pay a portion of the total they paid out (she was in nursing home for over 5... Read more »

John W. Chambers Jr
John W. Chambers Jr answered on Jun 16, 2018

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... Read more »

1 Answer | Asked in Estate Planning for Georgia on
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
John W. Chambers Jr
John W. Chambers Jr answered on Jun 9, 2018

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... Read more »

1 Answer | Asked in Probate for Georgia on
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

Persons in California that we need to complete an Interrogratories to witness will. These were wittnesses on will. Can we hire someone in California to locate these persons to help speed up probate? Thank you

John W. Chambers Jr
John W. Chambers Jr answered on May 23, 2018

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... Read more »

2 Answers | Asked in Probate for Georgia on
Q: My brother passed away last January with myself and my two siblings as his hiers, we arent on his deed,his HOA

Is suing us to pay his HOA,in collection because to my understanding, my brother didn't have anything to probate, we was told we are responsible for his HOA fees after he passed away in the state of Georgia

John W. Chambers Jr
John W. Chambers Jr answered on May 10, 2018

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... Read more »

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1 Answer | Asked in Estate Planning for Georgia on
Q: How can life ins. Be part of estate

Will states devise and bequeath all my property both real and personal, tangible and intangible, wherever located, and of any nature whatsoever, including any lapsed or void legacy or devise to my children. ONLY one beneficiary in life ins policy.

John W. Chambers Jr
John W. Chambers Jr answered on Apr 30, 2018

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... Read more »

1 Answer | Asked in Probate for Georgia on
Q: Selling deceased Father house in TN as executor, probated in GA-mistake, have letter of test, have buyer- can I sign

contract to sell house or have to wait for probate in TN?

John W. Chambers Jr
John W. Chambers Jr answered on Apr 24, 2018

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... Read more »

1 Answer | Asked in Civil Litigation and Probate for Georgia on
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

My grandmother passed away and two years before that she gave her will to me and told me to hold onto it that I might need it one day. My mother passed away in 2006 so it’s just me and my aunt . My aunt will not show me the trusting tried to get me to sign some papers at the notary and not a... Read more »

John W. Chambers Jr
John W. Chambers Jr answered on Apr 24, 2018

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... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Georgia on
Q: Do I need an Attorney

Should I have a Real Estate Attorney go with me to closing on a house that I am paying cash for?

John W. Chambers Jr
John W. Chambers Jr answered on Apr 9, 2018

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... Read more »

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: My stepmother passed away in Nov. 2018 intestate. My father was the sole heir. He passed away in Mar 2018 intestate.

He had not had an opportunity to get the home put into his name as it was in her name only, so does it still become part of his estate as part of his inheritance since he passed 4 months AFTER she did?

John W. Chambers Jr
John W. Chambers Jr answered on Apr 7, 2018

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... Read more »

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