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Georgia Estate Planning Questions & Answers
0 Answers | Asked in Estate Planning for Georgia on
Q: Have one inheritance question from the Will of a GA deceased who left monies to an individual who predeceased her.

Nephew predeceased her (decedent) & never married. He was son of her sister (hence nephew), sister (mother) predeceased the son. Father of son (who is also now deceased) remarried & had two children by another mother, so the nephew would technically have a half brother/sister.... Read more »

0 Answers | Asked in Estate Planning and Probate for Georgia on
Q: Georgia Probate Question no one seems to have an answer to regarding beneficiary serving as a witness on a codicil

Ga Code 53-4-23a (2020) says

a. If a subscribing witness is also a beneficiary under the will, the witness shall be competent; but the testamentary gift to the witness shall be void unless there are at least two other subscribing witnesses to the will who are not beneficiaries under the... Read more »

0 Answers | Asked in Estate Planning and Probate for Georgia on
Q: Ga Code 53-4-23a (2020)...if a witness is a beneficiary, testamentary gift shall be void... - How do this occur

Ga Code 53-4-23a (2020) says

a. If a subscribing witness (on a codicil) is also a beneficiary under the will, the witness shall be competent; but the testamentary gift to the witness shall be void unless there are at least two other subscribing witnesses to the will who are not... Read more »

0 Answers | Asked in Child Support, Estate Planning and Family Law for Georgia on
Q: what court hears GA Minor trust account breach of fiduciary responsibility? my ex used trust account to pay child

GTMA IRREVOCABLE TRUST BREACH OF FIDICUARY DUTY BY FATHER WHO IS FORMER TRUSTEE AND had WITHHELD 7200$ of FUNDS FROM me after transfer of trustee role JANUARY 9, 2019. im disabled and it is my childs survivor benefit lump payment. I REPORTED EACH MONTH MISSING and several times to inspector... Read more »

0 Answers | Asked in Estate Planning for Georgia on
Q: Can you get your inheritance early

I am 18 and I believe the will says I have to be 25 before I get my land but I am in a very abusive relationship and have nobody so can I get my land now

0 Answers | Asked in Estate Planning for Georgia on
Q: I inherited my parents house and I live there. They had a home equity loan from 2010 still in dads name. I have to pay?

The loan is still in my dads name. I’ve lived here since 2019. Dad died in 2012, mom in 2016. I’ve been paying the loan but someone recently told me I didn’t have to if it was still in my dads name. The house is paid off except this loan. Am I responsible for the loan?

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Georgia on
Q: If my mother dies and she named me in her will to receive her house, do I have to go through probate?
Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Jul 7, 2022

Whether probate is necessary depends on how your mother has the house titled at her death.

1 Answer | Asked in Estate Planning and Banking for Georgia on
Q: Are gold bond stamps worth anything now?
Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jun 28, 2022

Apparently they are. A quick internet search revealed this:

To redeem S&H Green Stamps call the toll-free number 1-800-435-5674 and request a catalog. Stamps are redeemable in merchandise or cash at $1.20 per full book. If you want to redeem your stamps for cash, mail the books to...
Read more »

2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: Do I have to pay the mortgage on an inherited house if I put it in a trust?

I am the sole person, listed as beneficiary & awarded in probate court.

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jun 17, 2022

You don’t HAVE to pay the mortgage, but if you don’t the lender will foreclose and you will lose the house. Putting it in a trust will not change this reality. If it did everyone would do it.

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1 Answer | Asked in Estate Planning, Family Law, Personal Injury and Civil Rights for Georgia on
Q: Can I file a protective order against my brother who tried to assault me and had me evicted from my parent's residence?
Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Apr 26, 2022

If you currently live with your brother and can show the court that he was violent and will likely be violent in the future, you may have a valid claim for a Temporary Protective Order.

1 Answer | Asked in Estate Planning, Real Estate Law and Adoption for Georgia on
Q: What's rights do an adopted child have when inheriting property after the adopting parent passes away?
Candace Alynn Hill Duvernay
PREMIUM
Candace Alynn Hill Duvernay
answered on Apr 12, 2022

If a child is legally adopted in Georgia, he or she will have rights to inherit from their parents the same as any child who is the biological child.

2 Answers | Asked in Estate Planning, Family Law and Products Liability for Georgia on
Q: Elderly mother. POA/medical/financial. Can I sell her house legally and use money to place her in assisted living?

I am her daughter and I've been caring for her for approximately a year I live out of state, and she's not wanting to move with me up to Knoxville because she's 93 years old and bedridden. I'd like to know if I can legally sell the house to pay for an assisted living place for... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Apr 2, 2022

It is not possible to answer your questions without actually reviewing the powers of attorney that you hold. You also would be well served by consulting with an elder law attorney to not only review the powers of attorney but also give you some advice about Medicaid crisis planning.

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1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: What happens if initials are swapped by the son of the passed deceased loved one, by their son or ex wife? In a will.

The sister was actually suppose to get property but the son swapped the names on the will

Anthony M. Avery
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Anthony M. Avery
answered on Apr 1, 2022

Sister needs to hire a competent GA attorney to contest the Probated Will.

2 Answers | Asked in Estate Planning for Georgia on
Q: Can a trustee deny a beneficiary her wishes as long as those wishes ate within reason?

For example the young ladies 21st birthday is coming up and she has made requests on the things that she would like to do. The trustee has told the beneficiary no that she can not shop for clothes and shoes for the trip and that she can not get her hair done nor can she get a manicure or a pedicure... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Mar 21, 2022

Your question cannot be answered in a forum meant for answering questions of a general nature. Your question is very specific and cannot be answered without reviewing the terms of the trust. Every trust is unique and there are no general rules that can be provided for when a distribution is... Read more »

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1 Answer | Asked in Real Estate Law, Estate Planning and Family Law for Georgia on
Q: Is the transfer of property after death, without a will, automatic for couple living in separate maintenance?

If, in the separate maintenance agreement, one side kept the co-owned home and renamed in their name only while the other bought their own home with the decree settlement, do both properties automatically transfer to the surviving spouse if there is no will? In other words, can one spouse move... Read more »

Elizabeth Cruz Noellien
Elizabeth Cruz Noellien
answered on Mar 11, 2022

If your name was not on the property, then then the estate will have to be probated in Probate Court and the property will be distributed to his heirs. As a spouse you are considered an heir, however, you will need to look at your separate maintenance agreement as to whether you gave up your rights... Read more »

1 Answer | Asked in Divorce, Estate Planning, Family Law and Probate for Georgia on
Q: What happens in a separate maintenance decree after death?

Couple was living separately for 10 years, have no children, and the decree provided ~50/50 split of assets. Does the surviving spouse still have all the rights as a primary beneficiary if the other spouse dies intestate? Next of kin are surviving siblings.

Robert W. Hughes Jr.
PREMIUM
Robert W. Hughes Jr.
answered on Mar 7, 2022

If a couple is living under a separate maintenance agreement when one of them dies, the couple is considered married for all purposes of inheritance. hose rights however can be altered by the terms of the separate maintenance agreement.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Georgia on
Q: Georgia resident died with a will but a property in France was not included in will. Which law applies to this property?

US citizen (Georgia resident at time of death) had a land in France. He had a will but that specific property was not included in Will. What inheritance law applies to this property? Georgia law or French law? I would appreciate if you quote the georgia law section that mentions that.

Many Thanks

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 3, 2022

The Residuary Clause of the Will includes non-devised real property. So the Residuary Beneficary owns the land. You will have to hire a French attorney to cure title there, but I am sure a certified copy of the Probated Will is necessary for ancillary administration.

1 Answer | Asked in Divorce, Estate Planning and Real Estate Law for Georgia on
Q: Where do I find and check official sources?
Homer P Jordan IV
Homer P Jordan IV
answered on Feb 23, 2022

Are you referring to ensuring lawyers are legal to practice in the state? You can call the state bar to make an inquiry regarding that. They will also tell you if there are complaints against an attorney.

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