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Georgia Probate Questions & Answers
0 Answers | Asked in Estate Planning and Probate for Georgia on
Q: My dad passed away and never received pension after retiring. They sent survivor check took 32% instead of 20, no detail

They sent no letter detailing how they came up with amount, etc even though it was supposed to have been sent prior to check.

1 Answer | Asked in Probate for Georgia on
Q: on a warranty deed my father's name as well as my step moms and one step sister with grantor and grantess to include ..

respective heirs, successors,and assigns were the context requires or permits . my dads gone and so is my step mom as one of his heirs can I just move into his house its not being lived in

James Clifton
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James Clifton
answered on May 13, 2024

It depends on a few factors. If the deed was held as joint tenants with right of survivorship, then your step sister is the current owner of the property. If the deed was held as tenants in common, then whether you inherited your father's portion would depend on whether he left a will and... View More

1 Answer | Asked in Probate for Georgia on
Q: My son has just died. He has children that are minors and is divorced. I was told I needed to go to probate court to get

His medical records as his mother. That’s all I need, all he has. Is this necessary and how hard is it

James Clifton
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James Clifton
answered on May 2, 2024

First, I am sorry to hear about your loss. As his mother, you may qualify as an heir who can file probate for his estate. If he left no will, you would be the administrator of his intestate estate. If he had a will, you would need to be named as the executor to qualify. Once you are appointed to... View More

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Probate for Georgia on
Q: Land was given to 2 siblings in a will. One sibling passed away and was married. Does the widow of the deceased person

Does the widow of the deceased person has rights to the land? No will was made for the deceased person to give the land to their spouse.

James Clifton
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James Clifton
answered on Mar 26, 2024

The exact answer depends on a few factors regarding the dates of death of the parent and child and the terms of the will. If the will listed the child died before the parent, the gift of the land will depend on whether the gift was listed as per stirpes, per capita, or otherwise. If the parent... View More

1 Answer | Asked in Probate for Georgia on
Q: Ex husband signed quit claim deed at divorce and I am to pay him $5k upon sale of my home. He died in 2018 w/o a will.

I plan on paying our two children the money, but is his widow due any part of this payment?

Thank you.

James L. Arrasmith
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answered on Mar 12, 2024

Based on the information you provided, it seems that your ex-husband had a legal interest in the $5,000 payment upon the sale of your home, as outlined in the divorce agreement and quit claim deed. When he passed away without a will in 2018, the legal question becomes who is entitled to his assets,... View More

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Biological and step-parent dies with no will, does the step-child have rights to the step-parent's property in Georgia?

The step-parent has living relatives: Mom and siblings

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Mar 13, 2024

The simple answer is no. But, when parent died, child would be an heir to her natural parent's estate. Depending on facts of case, an equitable adoption might exist between step parent and step child that would allow for inheritance. You should see a probate lawyer about that possibility.

1 Answer | Asked in Family Law, Gov & Administrative Law, Government Contracts and Probate for Georgia on
Q: I’m a beneficiary of my father’s will, and I have been misled by his granddaughter who is the excuitor of his will what

I have no copy of the will but I was urgently forced to sign a document that she had, I never received any copy of it from her so I recently got one from the court and I am now trying to find out what I can do about it. I now understand that she has had me pretty much waive my rights to ask about... View More

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Mar 9, 2024

You should go by the probate court where the will is filed and get a full copy of the probate file. It will include a copy of the will. Once you review it, if you believe something is wrong, contact a lawyer specializing in probate law to get advice.

2 Answers | Asked in Family Law and Probate for Georgia on
Q: My mom passed away in 2015. There was only a house left. I became the administrator because I live in the house.

There was no will. I have three siblings and my stepdad. My brother passed away right after my mom. He had no heirs. My stepdad and my other two siblings don't want anything to do with the property because they have their own homes. How do I close out the Probate so that I can get the... View More

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Mar 7, 2024

You have a mess on your hands. You will need your the step-dad and 2 siblings to sign a disclaimer stating they do not want anything from the estate. If your brother who died has children, they are entitled to your brother's share.

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1 Answer | Asked in Family Law and Probate for Georgia on
Q: Son has a no contact order issued by Judge against his wife she has all his belongings including his truck . An his on h

Hospital csn he give me power of. Attorney an I cam get his belongings am truck

James L. Arrasmith
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answered on Mar 6, 2024

If your son is currently unable to retrieve his belongings due to a no-contact order, granting you a power of attorney (POA) can be a legal means for you to act on his behalf. A power of attorney would allow you to manage certain affairs for him, such as collecting his belongings, including his... View More

1 Answer | Asked in Social Security, Estate Planning, Probate and Public Benefits for Georgia on
Q: Teacher retirement benefits

If the husband dies and leaving the widow the benefits and she dies, who shall the benefits go to?

James L. Arrasmith
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answered on Mar 8, 2024

When a teacher passes away and leaves their retirement benefits to a widow, the next steps regarding the benefits after the widow's death depend on the specific rules of the retirement system. Each retirement system has its own set of policies for the distribution of benefits after the... View More

1 Answer | Asked in Family Law, Elder Law, Probate and Wrongful Death for Georgia on
Q: my grandfather died and now his caretaker is squating in his house refusing to show anyone his will.

He died due to the care taker canseling more than a dozen of his doctors appointments, changing his doctor, farming him for pills, and now shes selling and giving away his assets (furniture, farm equipment, vehicles, and all his guns are gone). my mother and i have lived next door on his property... View More

Kedra M. Gotel
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answered on Feb 27, 2024

You need to file a petition in probate court in the county your grandfather lived prior to his death. The court will notify any other heirs or interested parties (including the caretaker) of the legal matter. You should request to be appointed the personal representative unless someone else can... View More

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: My friend died and I paid to bury her. Can I get paid back from her estate before the money is paid to beneficiaries?

I know that she has money in the estate.

James L. Arrasmith
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answered on Feb 23, 2024

In the situation where you've paid for your friend's burial expenses and you believe there are funds in her estate to reimburse you, it's important to understand the legal process for handling debts and distributions from an estate. Generally, creditors, including individuals who... View More

2 Answers | Asked in Probate for Georgia on
Q: If executor petitioned court in solemn form and judge told him to amend petition and notify deceased siblings children

Because they were heirs and executor does not do this , what are the consequences ? The will was filed with the court ,but as far as I know it was never probated ?

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Feb 12, 2024

The will isn't admitted to probate and the executor is never appointed until the heirs are notified. The petition will just sit there.

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1 Answer | Asked in Civil Rights, Elder Law, Federal Crimes and Probate for Georgia on
Q: A will was legally filed in probate, and the daughter was also the executor and. Inherent: why wasn't her name changed?

The inherent name was not changed from the deceased to the legal person. It was not recorded, nor did the money on the loan was reported to the credit bureau. The mortgage company and Fannie Mae illegally to the home. There are documents to prove it. It was also racially motivated, and a lot of... View More

James L. Arrasmith
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answered on Feb 5, 2024

When a will is probated and an individual is appointed as the executor and beneficiary, the legal transfer of property, including changes to titles and accounts, requires specific actions to be taken. The failure to change the property title from the deceased to the beneficiary can result from... View More

1 Answer | Asked in Probate for Georgia on
Q: Is it a conflict of interest if the administrator lawyer is also the executor of a estate and are doing nothing we ask

They are not turning in all the estate accounts and they my have moved them before it was even put in probate

James Clifton
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James Clifton
answered on Feb 4, 2024

You have the right to request an accounting and inventory from the administrator/executor. If you have evidence that the administrator/executor is misappropriating funds, you can request that a new administrator/executor be appointed. Schedule a free consultation to make sure your interest in the... View More

1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: Inherited land. I am executor. Clerk if court said I had to re write the deed and submit another form.

Naming me executor. To transfer property ownership. Clerk of court, how do I go about this? And can I do this in my own or do I have to have a lawyer?

Nina Whitehurst
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answered on Jan 11, 2024

In most states there is no law that obligates an executor to hire an attorney. Just like fixing a car, you are free to do it yourself if you know how. But if you don’t know how you will get better results in the long run if you hire an expert. And just like fixing a car it is also often cheaper... View More

1 Answer | Asked in Probate for Georgia on
Q: Georgia law ? Can step siblings insist you have a DNA test to inherit your portion of the deceased father’s estate?

My mother and father were married for years before my birth, both listed on my birth certificate as parents. According to court documents they were divorced when I was 3 yrs old. I and my older siblings were listed as their children on the divorce decree. The decree also states that if he... View More

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Jan 5, 2024

If there is a court order declaring you a child of the deceased, and the parent died intestate, you are entitled to your share of the estate equal to your siblings share. You should consult an attorney specializing in probate work before you lose your rights.

2 Answers | Asked in Probate for Georgia on
Q: Does your office handle probate cases that involve a deceased sibling who has a savings account with a balance?
James Clifton
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James Clifton
answered on Jan 4, 2024

If your sibling died without a will, a spouse, children, or parents, you may be entitled to recover the money in the savings account. It would depend on whether you have additional siblings as well. Schedule a free consultation to see if you qualify to recover the money in the savings account.

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2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: Is my late uncle's wife entitled to his part of the inheritance?

My grandmother passed away a few years ago. Her house was left to her surviving children. Recently, 2 of his siblings passed away, both with leaving children of their own. My dad and his sisters want to do a major renovation on the house, but my uncle's widow is insistent that she's... View More

James Clifton
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James Clifton
answered on Jan 3, 2024

It depends on whether your grandmother and uncle had a will. If neither of them did, then your uncle's wife and your uncle's children inherit his portion of the property. The husband and children of your aunt who is also deceased are also joint owners of the property. If your uncle or... View More

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