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Georgia Probate Questions & Answers
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 Probate for Georgia on
Q: Mother passed away the house she lived in belonged to her and her 2 brothers. she is the only one who paid taxes

Do the brothers have a claim to the house? there is no will. I know her share goes to myself and my sister. One of the brothers now wants his share of the house but My sister wants to keep living there.

0 Answers | Asked in Probate for Georgia on
Q: I am filing a petition of restoration of rights. How do I fill out the form? What do I bring to court with me?

I am in the state of Georgia. I am 23 years old. I plan on representing myself. I am under Adult Guardianship. I have the form/petition but don't know how to fill it out. How do I get an affidavit from a physician, LCSW, or psychologist?

0 Answers | Asked in Personal Injury, Probate and Small Claims for Georgia on
Q: do i need to go to probate court to file for mishandle of my daughterts utma trust ? or state court>

GTMA IRREVOCABLE TRUST BREACH OF FIDICUARY DUTY BY FATHER WHO IS FORMER TRUSTEE AND WITHHELD FUNDS FROM MARY SINCE JANUARY 9, 2019 WHEN HE AGREED VERBALLY ON RECORDED LINE TO TRANSFER ASSETS. MARY REPORTED EACH MONTH MISSING . APRIL 1, 2021 WAS FIRST CHILD SUPPORT SINCE HEARING AND FIRST EVER.... Read more »

0 Answers | Asked in Probate for Georgia on
Q: do i have a case? can i sue the county ? my daughter's father beat her with a belt i made a police report.

i also took her to her DR. and to see her therapist both said that she was not being spank or punished but that the only way to get marks like she had was to be beat i have pictures showing bruises on her for longer then 14 days but because the cop on the case is good friends of the father nothing... Read more »

1 Answer | Asked in Probate for Georgia on
Q: What is the proper way to contest or challenge a fraudulent will filed in Solemn form?
Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Jul 10, 2022

To challenge a Will, one must file a caveat, or objection.

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 Probate for Georgia on
Q: Hello my uncle passed away and wanted to leave his house and property to me. His widow is also willing to sign it over

...it over to me. The property is still in his name only and I don't not think there are any liens in the property. It is in the state of Georgia. My question is am I able to do the proper paperwork on my own?

Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Jul 4, 2022

No, when you are dealing with real estate and property owned by a decedent, you should always have an attorney who practices in this area handle the matter.

1 Answer | Asked in Probate for Georgia on
Q: What do I do if someone is not following a second probate judge order when the first time she did t do anything
Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Jul 2, 2022

Hello, unfortunately, I am unclear who "she" is, whether she is the judge, or whether she is the non-compliant party. If the latter, judge's can enforce their orders by contempt. It depends on the issue what the judge may do.

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 Family Law and Probate for Georgia on
Q: Can an administrator decide how much to give an heir?
Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Jun 11, 2022

No, the administrator must distribute the estate in accordance with the law or order of the court.

1 Answer | Asked in Probate for Georgia on
Q: I sent a letter to the Butts County Probate Judge informing her that due to health reasons as well as fear of a family

Member I could not keep making the 1200 mile trip back and forth to decide what I could or could not have in my mothers estate. She has sent me a bill for $60.50 to file it . is that normal? She has made it obvious that she sides with my Crooked brothers that have stole my mothers property . And... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 9, 2022

After researching it, I note that Butts County is in Georgia, not Florida. Whether it is appropriate for the judge to charge you to file your letter. You should ask your question in Justia > Ask a Lawyer > Georgia; it is not a Florida question.

1 Answer | Asked in Criminal Law and Probate for Georgia on
Q: Can I be convicted for flee and illuding motor vehicle with no video no
Jermario L Davis
Jermario L Davis
answered on May 10, 2022

Yes. Evidence can be admitted by way of video or verbal testimony. Therefore, the officers involved in the traffic stop could simply testify to what took place (what they observed) and it would be up to the judge or jury to determine if that verbal testimony is credible. As you might imagine,... Read more »

1 Answer | Asked in Probate for Georgia on
Q: Do the personal belongings of someone who lived in a house with the deceased have to go into probate?

My cousin who is mentally handicapped lived with his grandmother and was taken care of by her. She passed and now her children want to take his personal belongings and add them to the estate.

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on May 2, 2022

The personal belongings that are his do not belong in the grandmother’s estate.

2 Answers | Asked in Family Law and Probate for Georgia on
Q: My father has been estranged from the family, so how do I contest a will?
Homer P Jordan IV
Homer P Jordan IV
answered on May 3, 2022

Consult with an attorney who can review the facts of the case in detail to determine if you have options to explore.

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