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Georgia Probate Questions & Answers
0 Answers | Asked in Estate Planning, Family Law and Probate for Georgia on
Q: Admin of Estate need help with filing or compliance with inventory to Probate Court

No paperwork has been filed since 2017

0 Answers | Asked in Probate for Georgia on
Q: Can you do a motion on nolo contest
0 Answers | Asked in Probate for Georgia on
Q: Do I have a chance going after my half of my dad’s estate? My half sister was the executor and took everything.

What are the necessary steps to take

for When my father died he owned two

houses and the land they were on. More

than 25 firearm's and my mother also

bought him a 1966 ss Chevelle that he

gave me as a graduation present in 1999.

I have a half... View More

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: My father just died. He was living in a home that was owned by my grandmother who also died 7 months ago. I want to ente

R the home for sentimental reasons but my little sister is telling me She forbids it. She does not live there but she does hold the key. Can I enter even without her permission because she believes she has the right but not me

Anthony M. Avery
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answered on Jun 28, 2024

Hire a GA attorney to search the title and determine heirship. If you are an heir, you have a right to possession.

0 Answers | Asked in Probate for Georgia on
Q: Is Medicare/Medicaid able to take the house?

My aunt and grandmother lived in the same house that my great grandmother and grandmother purchased together. My great grandmother passed some years ago. When my grandmother went into the nursing home for rehab and never returned back home. The house had a mortgage that my aunt paid for 3 years... View More

2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: How can I contest a will that has NOT yet been probated and there is ONLY one person who has this will and the first????

If someone has this said new will and has refused to probate it how can I contest it??? They also have the ONLY copy of this said new will and the only copy of the first will made!!!

Anthony M. Avery
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answered on Jun 11, 2024

An interested party might file for an intestate probate administration. Then if will proponent wants a will to control, he will have to file it in probate case. There it can be contested if needed.

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1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: RE: Petition for Discharge of Personal Repres for my brother's estate. I am unclear what info is needed in Paragraph 4?

Only two Heirs (sons), all debt has been paid

Does an attorney need to submit this form to Probate or can I, as Executor?

James Clifton
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James Clifton
answered on Jun 5, 2024

You can leave paragraph 4 blank on the Petition for Discharge. It will be helpful to have the heirs sign a consent to petition though. An attorney is not required to submit this form. However, it may be helpful to enlist the service of an attorney to avoid any possible issues.

Schedule a...
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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.
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.
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.
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

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