Lawyers, Answer Questions  & Get Points Log In
Questions Answered by John W. Chambers Jr
2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Georgia on
Q: State GA -My father and mother died over 35 years ago and left 80 acres. Do we need two estates to settled the estate?

There is two living siblings and 10 deceased siblings.

John W. Chambers Jr
John W. Chambers Jr
answered on Jan 18, 2018

At this point, it might not be necessary to have a probate proceeding for either estate. It might be possible to address the title issues by use of an "affidavit of descent." However, with 10 deceased children, preparation of such an affidavit could be quite complicated. You should... Read more »

View More Answers

2 Answers | Asked in Estate Planning for Georgia on
Q: Do I need to probate my father's will in FL if he had land in FL, but was a GA resident the last 3 years of his life?

I probated his will in GA and thought I was through, but when I went to FL to inquire about transferring the property to my name (everything was left to me in his will), they said I needed to probate the will in FL. GA said since he was a GA resident I didn't have to. He and I bought a house... Read more »

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

The law of the state where real property (i.e., land) is located applies to the transfer of a decedent's interest in such property. If the land is located in Florida, then the requirements of Florida law must be satisfied. It is my understanding that generally an ancillary probate proceeding... Read more »

View More Answers

2 Answers | Asked in Probate for Georgia on
Q: My father in law passed away in September. The man named as executor doesn' want to do it and will not sign a renunciati

the man will not sign the form so my husband who is also names can become executor. Also we have sent certified letters to the witness who signed but can not get a respond on the interrogatories to witness to will. What do we do? We need to file it's been 4 mths. since his death

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

I suggest you retain the services of an probate attorney to assist you in connection with the probate of the will.

View More Answers

1 Answer | Asked in Probate for Georgia on
Q: Can a copy of a will be probated in Georgia?
John W. Chambers Jr
John W. Chambers Jr
answered on Jan 12, 2018

A presumption of revocation arises when the original will cannot be found. However, it sometimes is possible to probate a copy of a will. It depends on the facts of the particular situation. You should consult with a probate attorney regarding this matter.

1 Answer | Asked in Contracts and Employment Law for Georgia on
Q: If you work in a newsroom and your News Director tells everyone if they want to leave even though are in a contract,

they can leave, can they make you pay a liquidation fee?

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

You should consult with an attorney regarding the specific facts of your situation. What you mean by a "liquidation fee" is not clear. Generally, it is possible for parties to a contract to modify or terminate the contract if they agree. An attorney would need to review the terms of... Read more »

1 Answer | Asked in Estate Planning for Georgia on
Q: my mom passed away in june 2017 and she didn't have a will, does my step dad and his adult kids get my mom whole inherit

she had $100.000 in her savings acct when she passed away and also has money invested in gold and silver

John W. Chambers Jr
John W. Chambers Jr
answered on Dec 29, 2017

If your mother died without a will, property in her probate estate would pass to her heirs. Her heirs would be her husband and her children who survived her (with the descendants of a child who predeceased her to receive the share of the deceased child). The surviving spouse is entitled to a... Read more »

2 Answers | Asked in Probate for Georgia on
Q: Husband died, no will or estate. Uncontested. No debt in my name. Am I responsible for debt? Do I need to probate?

He had no assets, but some credit card debt and a truck loan. My name is not on any of his cards or loan. Only thing in both names is the deed to our house. Mortgage is in my name only. He has 2 life insurance policies which together total under $50,000.

John W. Chambers Jr
John W. Chambers Jr
answered on Dec 29, 2017

You should seek the advice of a probate attorney. The answer to your question might depend on whether you and your husband owned the house as joint tenants with survivorship or as tenants and common. If you are an obligor on the indebtedness secured by the house, you would be liable pursuant to... Read more »

View More Answers

1 Answer | Asked in Probate for Georgia on
Q: If you have a half sister and she is dead, and her children are dead, do you go to their children in dividing an estate?
John W. Chambers Jr
John W. Chambers Jr
answered on Dec 29, 2017

The children of any common parent are treated as brothers and sisters to each other. Therefore, a half-blood sister would be considered equally with a whole-blood sister. In Georgia, when a person dies without a will, her heirs are as follows: (1) the spouse of the decedent and the... Read more »

2 Answers | Asked in Probate for Georgia on
Q: GA - My husband's sister died. She did not have a husband nor children. She had a will. Her niece said she is over

the estate. She has not taken the will to Probate yet and has not been appointed by the court. Isn't this the first step to do for her to be able to handle the estate. She died 10/7/17.

John W. Chambers Jr
John W. Chambers Jr
answered on Dec 28, 2017

The person named in the Will as executor must file a petition to probate the will in the Probate Court in the county in which the decedent died. Until the Probate Court has admitted the Will to probate and granted Letters Testamentary to the executor, the person named as executor in the Will would... Read more »

View More Answers

1 Answer | Asked in Probate for Georgia on
Q: Our brother died intestate three siblings are surviving. One brother living there had home placed in joint names.Help?

Brother ready to sell property. He says all money is only his

John W. Chambers Jr
John W. Chambers Jr
answered on Dec 22, 2017

Your note does not provide enough information to furnish you with an answer regarding your particular situation. You should seek the advice of a probate attorney. In general, if real property is owned by more than one person as joint tenants with survivorship (as opposed to as tenants in common),... Read more »

1 Answer | Asked in Probate for Georgia on
Q: Is a new wife entitled to property obtained before the marriage now that my father has died?

My father bought house solely in his name 2013. Remarried 2015. Died 2017. My sister and I are his only children.

John W. Chambers Jr
John W. Chambers Jr
answered on Dec 8, 2017

The first question is whether your father had a will. If he had a will, one would have to examine the will to determine what it provides. If he did not have a will, he would be said to die "intestate" and the property is his probate estate would pass to his heirs. In Georgia, if a... Read more »

1 Answer | Asked in Business Formation and Business Law for Georgia on
Q: Hi I want to start an LLC but I want to have a three DBAs. What documents do I need to proceed with filing for the LLC?

Can I file myself or should seek a professional?

John W. Chambers Jr
John W. Chambers Jr
answered on Dec 6, 2017

I recommend that a person retain the services of an attorney to organize a limited liability company. While a person is not required to use an attorney, a business attorney can provide valuable advice regarding the legal requirements for formation and operation of the entity. After being properly... Read more »

2 Answers | Asked in Estate Planning for Georgia on
Q: With no will, can a minor grandchild inherit a house if the deceased told this to 7 adults, two weeks before he passed ?

Also he had a twenty year girlfriend who he absolutely held out as nothing more than just that. Would she have any claims given she lived with him, under those circumstances ? What would be the proper sequence of actions to take given these issues?

John W. Chambers Jr
John W. Chambers Jr
answered on Dec 2, 2017

Under Georgia law, the property to be distributed from the estate of a person who dies without a will passes to his or her heirs. The persons who constitute the "heirs" are specified under Georgia law. Being a "girlfriend" does not make the girlfriend an "heir" under... Read more »

View More Answers

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: My grandmother recently passed away. Her name was on the deed along with other family members.

If the deed states survivorship does her name have to be removed in order to sell the property. Or is it the remaining members have rights to make decision on behave of the deed. If it states Survivorship does it still have to go through probate court.

John W. Chambers Jr
John W. Chambers Jr
answered on Nov 17, 2017

In Georgia, if property is owned by more than one owner as joint tenants with right of survivorship, upon the death of an owner, the property would be owned by the other owners. On the other hand, if property is owned by more than one owner as tenants in common, the interest of a deceased owner... Read more »

1 Answer | Asked in Family Law and Probate for Georgia on
Q: Executor of estate wants to probate old will over new will what does this mean?
John W. Chambers Jr
John W. Chambers Jr
answered on Nov 16, 2017

A valid new will generally revokes a previous will. Therefore, the most recent will which has been properly executed is the one which should be probated. If you have an interest under one of the wills, you should seek advice from a probate attorney.

1 Answer | Asked in Probate for Georgia on
Q: Father passed and had a life estate within a family estate with his brothers and sister. Do I have to probate his will?
John W. Chambers Jr
John W. Chambers Jr
answered on Nov 13, 2017

If a person has a life estate in property, the person's interest in the property ceases on his death. If the decedent's interest ended on his death, there probably would not be a need to probate the decedent's will in connection with such property. However, there might be other... Read more »

1 Answer | Asked in Probate for Georgia on
Q: How is Georgia's anti-lapse statute implemented - for sons of named beneficiary who predeceased testator?

Testator named seven (7) siblings to receive equal shares of the remainder (major) portion of his estate.

One (1) of the siblings -- father of two adult sons -- predeceased the testator.

I'm aware that Georgia has an anti-lapse statute for this situation -- which provides for... Read more »

John W. Chambers Jr
John W. Chambers Jr
answered on Nov 8, 2017

"If a beneficiary is dead when the will is executed or otherwise dies before the testator, but has any descendants living at the death of the testator, the testamentary gift, if absolute and without remainder or limitation, shall not lapse but shall vest in the descendants of the beneficiary... Read more »

1 Answer | Asked in Estate Planning for Georgia on
Q: Father passed away without a will. There are 3 heirs. How do you begin the process if no one agrees on who should admin.
John W. Chambers Jr
John W. Chambers Jr
answered on Nov 7, 2017

An heir (i.e., a person who is an heir of the decedent under Georgia) may file a petition for letters of administration. All other heirs must be served with notice of the petition if they do not consent to it. If an heir objects to the petition, then the probate court would choose the... Read more »

1 Answer | Asked in Business Law and Tax Law for Georgia on
Q: If I change the company of name and tax id, would it be consider legally separate from the old company?

or would I need to dissolve one and then start the new business. I am thinking of changing because I want to change what we are selling and to who we are selling to.

John W. Chambers Jr
John W. Chambers Jr
answered on Oct 31, 2017

Changing the name of a corporation does not convert the corporation into a different one. It simply would be the same corporation with a different. You would not necessarily need to dissolve the old corporation. You could form a new corporation if you do not want to use the existing one. This... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Georgia on
Q: If my ill widowed father has a signed contract on his home in GA, what happens if he passes before the closing.

I’m the executor and POA in his will. Will I need to file with probate, and can this take up to a year?

John W. Chambers Jr
John W. Chambers Jr
answered on Oct 30, 2017

Once a person dies, the decedent's power of attorney no longer would be effective. Unless its terms provide otherwise, a contract to sell property would be binding on the decedent's estate. Generally, the personal representative of the decedent's estate would be required to satisfy... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.