Ask a Question

Get free answers to your Estate Planning legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Georgia Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Georgia on
Q: Sister is executor. Spending money out of estate to renovate deceased home before sale, Is this legal?

Should this have been approved by court. Also feel she wasnt honest with assets inventory and is hiding assets.

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Feb 21, 2018

It happens. Is it legal? Maybe. You can file petition with court asking executor to prove it is necessary and good investment.

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.

View More Answers

2 Answers | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for Georgia on
Q: As beneficiary & turning in all pprwrk to mortgage co.they refuse to acknowledge me as new payor on mortgage.What now?

My son died 3 yrs ago, left me as beneficiary to leave his older brother his house to make pymts.The Finance Co.REFUSES to Acknowledges ...my Older Son(that house was left to) nor Myself to Even Discuss this? What do You Suggest??

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Feb 19, 2018

Who owns the house and who is responsible for payments on the house maybe two different people. When your son passed away, I assume he had a will. That will left his house to you for his brother it seems. I assume you have probated his will and the executor has retitled the home into your name or... View More

View More Answers

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: My nephew ended his life. He had a pension worth $204,000, which a past girl friend is beneficiary on. He has 2 kids.

Do kids have any rights to pension?

P. Justin Thrailkill
P. Justin Thrailkill
answered on Feb 20, 2018

No. If she is the named beneficiary, she is the one that receives the benefits.

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: My fathers brother died without a will. Noone wants to be administrator of his will. What happens now ?

My fathers brother has $20000 in debt, is in the middle of bankruptcy, has one judgement against him, a lein on property, a broken down trailer on 6 acres worth $30000. No valid life insurance. He had two surgeries right before death, bills are not in for that. No one wants to be administer of his... View More

P. Justin Thrailkill
P. Justin Thrailkill
answered on Feb 9, 2018

Nothing. It doesn't sound like the estate is worth probating. The bankruptcy should be dismissed and the lien holder will likely foreclose on the land. There is nothing for your family to do.

1 Answer | Asked in Estate Planning for Georgia on
Q: My father died and left his daughter (me) as his executor and a beneficiary.

Dad owned an IRA and named myself and 3 sons as beneficiaries. His will has been probated and the court named me as his executor. I want to access the IRA to pay his debts, but his accountant said that the IRA had to be divided to each heir instead. Is that true? The accountant advised that each... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 8, 2018

It sounds like you're trying to do this without an attorney. If the ONLY asset was the IRA, and there were no assets under the jurisdiction of probate, why did you file?

You don't have to pay debts if there are no assets. You need to seek the advice of a local attorney to review...
View More

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

View More Answers

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.

1 Answer | Asked in Intellectual Property, Estate Planning and Real Estate Law for Georgia on
Q: My granddad passed away in 2009, and so my mom has been paying his property tax every since, can she claim the land
Benton R Patterson III
Benton R Patterson III
answered on Feb 6, 2018

Paying property taxes alone is probably not sufficient to transfer title to the property. I recommend speaking with a local estate planning attorney.

1 Answer | Asked in Estate Planning for Georgia on
Q: My stepfather had a will that my mother could live in the house until her death but now she is told she doesn't own

House and she can't sell the home that it goes to my stepbrother and I.This is in the state of Georgia but she is allowed to live in it until her death and she was told she can't challenge the will

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 1, 2018

And your question is?

It sounds as if she were given a 'life estate' to the dwelling, but the remainder interest went to you and your sibling? This is not THAT uncommon. If you don't understand the nature of the ownership interests, I would suggest you consult with a local...
View More

2 Answers | Asked in Probate and Estate Planning for Georgia on
Q: My sister is being shady. Home once owned by my decesed father and paid off with accident settlement/ estate money

Getting ready to close the sell. She will not forward any paperwork and is saying word of mouth and the bank is closing. Nor will she give me the user name and password for the estate cking account. My father did not have a will..we trusted her. Hindsight. Come to find out tonight looking up... View More

Regina Irene Edwards
PREMIUM
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 31, 2018

This isn't a family law question. You need to contact a probate attorney.

View More Answers

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.

View More Answers

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

View More Answers

2 Answers | Asked in Elder Law, Estate Planning and Real Estate Law for Georgia on
Q: How do I transfer ownership of my home to my adult son and keep living in it without the worry of being asked to leave?

Georgia home, no mortgage, want to alleviate my financial burdens,know my son wants to buy the house just can't qualify for it yet.

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Jan 28, 2018

You have suggested two different things in your. The first is that you want to son to have your house and you want to make sure you will not be asked to leave.This is accomplished by signing a quit claim deed giving your house to your son. Then, enter into a contract with your son for you to have... View More

View More Answers

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

View More Answers

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... View 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... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Jan 17, 2018

If your father owned nothing in Georgia, even though he lived here, you do not need to probate the will in GA. You will need to probate the will in Florida. The distinction is primary probate versus ancillary probate. Since you probated his will in Georgia, you already have primary probate... View More

View More Answers

1 Answer | Asked in Elder Law, Probate and Estate Planning for Georgia on
Q: So if someone has appointed conservators and dies with will naming a son as executor does will have to be probated

Son has founded elder abuse allegation but was never

Charged or tried but was removed as a conservator for cause

P. Justin Thrailkill
P. Justin Thrailkill
answered on Jan 17, 2018

The will has to be probated regardless. Just because that person is the nominated executor, doesn't mean the court will appoint that person. It is ultimately the court's decision. Contact an attorney about probaring this estate.

1 Answer | Asked in Probate and Estate Planning for Georgia on
Q: My father passed away in Dec.2017. He has a will and has named me the executor.

His will is very simple and he doesn't have many assets. He names me and my three siblings as beneficiary in the will. Do I need to petition to probate the will? If so which form should I use, common or solemn? How expensive is it to have help from a lawyer?

Regina Irene Edwards
PREMIUM
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 15, 2018

Post your question in the estate planning section. Family law is divorce, custody, etc.

1 Answer | Asked in Estate Planning and Real Estate Law for Georgia on
Q: My dad passed in 2008 and the deed transferred to me. The actual loan on the house still has my dad's name.

I have paid on time and have sent in paperwork to "update" the name on the loan. The loan servicer tells me I cannot change the name on the loan from my dad to me unless I refinance the house. (I owe less than $20,000). Recently, my homeowners insurance agent told me he cannot renew my... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Jan 6, 2018

Your problem is common. the house did not transfer into your name when your father died. If you and your father owned the property as joint tenants with right of survivorship, you became the owner when your father died. If you owned the house jointly with your father, but not with rights of... View 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.