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Questions Answered by John W. Chambers Jr
1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: My father passed away October 19th I am the sole beneficiary and the executor of his will. He left a home in Tampa.

My brother is refusing to move out what can I do

John W. Chambers Jr
John W. Chambers Jr
answered on Apr 5, 2018

You do not mention where your father was domiciled at the time of his death. Also, you do not state whether you have received letters testamentary from the probate court of the county in which he was domiciled. In any event, if your father owned property in Florida and you want to have your... View More

3 Answers | Asked in Probate and Real Estate Law for Georgia on
Q: What do we do when my husband's name is on his mother's deed?

We have been living in my husband's family home for five years. His mother passed away two years ago. His father nine years. He is disabled and can not read. Recently, we have discovered that it is his name on the deeds along with his mother and not his father's. We were considering... View More

John W. Chambers Jr
John W. Chambers Jr
answered on Apr 4, 2018

If real property is owned in Georgia by two people as joint tenants with survivorship, upon the death of the joint owner to die first, the property would be owned by the surviving joint owner. In such case, standard practice in Georgia would be to file an affidavit with the Clerk of the Superior... View More

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2 Answers | Asked in Probate for Georgia on
Q: Dad died last month, GA, with a signed, notarized will. Everything goes to us 3 sisters. Is probate neccessary?

Dad died last month. I am named executor in his will. His second wife died 7 years ago. Our mother died 30 years ago. Dad had 3 daughters and 1 son, who died from cancer 20 years ago. Dad's will is signed and notarized and we all have a copy. I have the original. His will states that... View More

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

A person named as executor in a will does not actually become the executor until a petition to probate the will is filed and the probate court issues letters testamentary to the person named as executor. Until letters testamentary have been issued, the person named as executor would not have any... View More

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2 Answers | Asked in Probate for Georgia on
Q: Our Mom passed last year. My brother and I are trying to transfer the property to our name.

She has a will and left mecas executor. We have been to probate court in Rockdale County where she lived, and they send us to real estate. Where do I go to have the deed transfered? Thank you.

John W. Chambers Jr
John W. Chambers Jr
answered on Mar 26, 2018

The testator (i.e., person who makes a will) states who she wishes to be appointed executor of the will. However, it is the Probate Court which actually appoints the executor. If your mother owned real estate, you will need to file a petition to probate the will and be appointed executor. After... View More

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2 Answers | Asked in Probate for Georgia on
Q: What is my responsibility as administrator of estate to track down bills owed?

My motther left no will and verbally told me I was beneficiary to life insurance. She has passed and come to find out the life insurance beneficiary is "to the estate of." Now we are going through probate. Im and the only child and heir. Her husband/my father passed before her. I have... View More

John W. Chambers Jr
John W. Chambers Jr
answered on Mar 26, 2018

One thing the personal representative must do is file a notice to creditors. "The [personal representative] must publish a notice to creditors within 60 days of the date the [personal representative takes office. This notice to creditors must run for four consecutive weeks in the official... View More

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2 Answers | Asked in Probate for Georgia on
Q: Can an heir who is out of state in Missouri sign the selection by heirs form for estate in Georgia?
John W. Chambers Jr
John W. Chambers Jr
answered on Mar 17, 2018

Provided the out of state heir is an adult and competent, he or she may sign the document to which you refer. If such document is properly signed and notarized, it would be effective.

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2 Answers | Asked in Probate for Georgia on
Q: My son died and had no will. He has a daughter and bought a car for her. Father has car and won't release it.

Father is driving car and refuses to give it up . father took possession of all of sons belongings and said he legally inherited everything.

John W. Chambers Jr
John W. Chambers Jr
answered on Mar 6, 2018

Under Georgia law, if a person dies without a will, his "heirs" inherit his property (to the extent that such property is part of his probate estate). (Please note that the heirs only will receive property after the decedent's debts have been paid or arrangements for such payment... View More

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2 Answers | Asked in Probate for Georgia on
Q: can I use power of attorney give by my grandfathers only son to access my grandfathers estate

My father is my grandfathers only son. He is incarcerated . My grandfather has died so my dad signed power of attorney paperwork making me his power of attorney. Can I use this to access my grandfathers estate

John W. Chambers Jr
John W. Chambers Jr
answered on Mar 3, 2018

A general financial power of attorney would terminate on the death of the principal (i.e., your grandfather) and the agent (i.e., you) no longer would be able to use it. Therefore, the answer to your question is no. You should consult with a probate attorney to determine the best course of action... View More

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1 Answer | Asked in Probate for Georgia on
Q: Sister died while living in Florida last 3 years. She rents an apt in FL & owns house in Georgia. Probate both states?
John W. Chambers Jr
John W. Chambers Jr
answered on Feb 21, 2018

The answer is "not necessarily." In some circumstances, it would not be necessary to file a probate proceeding in both states. It depends on several facts which are not included in your questions. I recommend that you retain the services of a probate attorney to assist you in this matter.

3 Answers | Asked in Probate for Georgia on
Q: Considering Ga survivorship rules can I get a deed transferred to my name without going through probate court?

Husband recently passed, our home was solely in his name & my name was never added to the property deed. Mortgage company has advised that I can assume mortgage/home once I submit a transfer deed in my name. Since husband is deceased this simple process is now confusing. I would like to get... View More

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

My condolences to you on the passing of your husband. In your individual capacity, you cannot execute a deed to transfer the property to yourself. You do not mention whether your husband had a will. If he had a will, the property would pass pursuant to the provisions of the will. If he did not... View More

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2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: My fathers Will states I get first pick of car. Do I have to pay my two siblings the value of the car?

The car I chose is paid in full. Siblings are telling me that in order for me to have the car I must pay the value of the car to my two siblings from the inheritance money I will receive. Example - Car is valued at $16,000 and they advised that our attorney said I must take $16,000 from my final... View More

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

For an attorney to be able to advise you properly, he or she would have to review the provisions of your father's Will and might need additional information. You should consult with a probate attorney.

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2 Answers | Asked in Probate for Georgia on
Q: My mother's will is in Georgia. My sister is PR but has delayed doing her job for almost 2 years. What are my options

to move the wrapping up of the estate forward? Thank you for your help.

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

It depends on whether or not your sister has been appointed as executor. The appointment of an executor by the probate court does not occur automatically, but must be initiated by the filing of an appropriate petition by the person named in the will as executor. Georgia law provides certain... View More

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1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: Im in Atl, Ga. How do i find out if my sister left her house to someone besides her husband (separated) & adult children

My sister passed 4 years ago. She was separated from her husband. They jointly owned their main home. They have 2 kids that are adults that live there. Her husband has moved on and remarried.

She purchased a separate home (investment) next door to our mother in only her name. We (the... View More

John W. Chambers Jr
John W. Chambers Jr
answered on Feb 17, 2018

In Georgia, real property held by multiple persons as joint tenants with survivorship passes to the surviving owner (or owners) on the death of a joint owner. If real property is held in the name of one person, to whom the passes depends on whether or not the decedent had a will. If the decedent... View More

3 Answers | Asked in Probate for Georgia on
Q: My grandfather passed with no will. His girlfriend is refusing to give us his personal belongings. What can we do?
John W. Chambers Jr
John W. Chambers Jr
answered on Feb 14, 2018

The administrator of an estate has the authority to collect the decedent's assets. Someone must petition the probate court for appointment of an administrator for one to be appointed and for letters of administration to be issued to such person. I recommend that you consult with a probate... View More

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1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Purchased a new home in husband's name only. We have two children each, none together. What do I do to protect myself?

We purchased in his name only bc we currently have a flood damaged home in my name only (I owned it at the time of our marriage), pending storm water litigation. We could not purchase with both names bc of my responsibility with flood home mortgage, income to debt ratio issue. We have two children... View More

John W. Chambers Jr
John W. Chambers Jr
answered on Feb 12, 2018

Under Georgia law, if a person owns real estate in his own name and he dies without a will, the property would pass to his wife and his children. You should seek the advise of an estate planning attorney.

2 Answers | Asked in Estate Planning for Georgia on
Q: If an exexutor dies before administration is complete, can the executor of their estate take on the responsibilty?

My grandmother passed in 2012 leaving two daughters (my mother and aunt) to share both real and personal property according to her will. My mother was the named executor of her estate. My mother passed away in August, 13, 2013 before administration was complete. My aunt petitioned to probate will... View More

John W. Chambers Jr
John W. Chambers Jr
answered on Feb 6, 2018

You state that there was a will. However, you also mention that there was a "no administration necessary" proceeding. As stated in Georgia Probate & Administration, "[g]enerally, an application for no administration necessary is appropriate if (1) a person dies without a will;... View More

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2 Answers | Asked in Estate Planning for Georgia on
Q: My father passed in Florida his wife left me as estate before she passed recently in Florida I live in ga...help
John W. Chambers Jr
John W. Chambers Jr
answered on Jan 30, 2018

If the decedent was a resident of Florida and if the property were located in Florida, I would recommend that you consult with a Florida probate attorney.

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2 Answers | Asked in Estate Planning for Georgia on
Q: If something is left in a will, but another heir somehow has already taken possession of it before death, what happens
John W. Chambers Jr
John W. Chambers Jr
answered on Jan 28, 2018

O.C.G.A. Section 53-4-66 provides: "Except as provided in Code Section 53-4-67, a specific testamentary gift is adeemed or destroyed, wholly or in part, when the testator for any reason does not own the subject of such gift at death." Assuming that the property was given to someone else... View More

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2 Answers | Asked in Probate and Estate Planning for Georgia on
Q: My father & his sister were co-administrators of his deceased mother's estate. My father just passed & had no will.

Am I entitled to his share of his mother's estate?

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

The answer depends on several factors. You have used the term "administrator," which would indicate that your grandmother died without a will. You do not indicate who the heirs of your grandmother's estate are. If your father is one of the heirs, then his share of his... View More

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1 Answer | Asked in Health Care Law and Contracts for Georgia on
Q: Can an 18 year old be a health care advocate / patient advocate in the state of Georgia?
John W. Chambers Jr
John W. Chambers Jr
answered on Jan 19, 2018

In Georgia, a person may appoint an 18 year old person as his health care agent in an advance directive for health care.

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