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Georgia Probate Questions & Answers
1 Answer | Asked in Consumer Law, Real Estate Law and Probate for Georgia on
Q: Does Regulation Z's Ability-To-Repay Rule to Certain Situations Involving Successors-in-Interest apply to me, in GA?

I am seeking clarification of the Application of Regulation Z's Ability-To-Repay Rule to Certain Situations Involving Successors-in-Interest, pertaining to Successors-in-Interest who do not have the title to a property. It is my understanding that this rule was intended to prevent predatory... View More

Nina Whitehurst
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answered on Dec 5, 2023

Loan assumptions absolutely do not transfer title. You probably need a probate for that, but this is state-specific and you did not say what state the property is in. You also did not say whether the property is residential or not, and that matters too.

Lenders are all too happy to accept...
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0 Answers | Asked in Probate for Georgia on
Q: I'm low on cash do I need to pay probate lawyer up front?
1 Answer | Asked in Landlord - Tenant, Estate Planning and Probate for Georgia on
Q: Can a person that is a temporary administrator determine who can live in the deceased’s home or who needs to be evicted?
T. Augustus Claus
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answered on Nov 21, 2023

No, a temporary administrator does not have the authority to determine who can live in the deceased's home or who needs to be evicted. This is because a temporary administrator is only appointed to manage the estate of the deceased until a permanent administrator or executor is appointed. The... View More

1 Answer | Asked in Probate for Georgia on
Q: My father passed with no will. Three adult children agree that mom should have everything. Is probate necessary?

House with small mortgage and bank account in his name only. Investment account, pensions and two small debts. Does she need letter of administration or is this all considered marital property? Or just year of support form filed with court? Dekalb County, Georgia.

James Clifton
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James Clifton
answered on Nov 11, 2023

You have two options: 1) file a formal administration, or 2) file a petition for no administration necessary. Since he did not have a will, formal administration would be necessary if the creditors do not agree to the no administration necessary. Some or all of the assets may not be subject to... View More

2 Answers | Asked in Family Law, Probate and Arbitration / Mediation Law for Georgia on
Q: What happens after you sign in mediation?

I have a signed mediation agreement and now the other party will not sign the final order to go to the judge and her lawyer keeps changing the agreement after mediation is over.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 6, 2023

If you have an attorney you should speak to your attorney about any changes the opposing attorney has attempted to make after mediation ended. If you are representing yourself you could file to enforce the mediated agreement. But there is not a form for that. If a final order was drafted by... View More

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1 Answer | Asked in Probate for Georgia on
Q: Dad passed away. Fidelity tells me I am entitled to benefits. It's been 6 weeks, they are calculating before sending.
T. Augustus Claus
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answered on Oct 25, 2023

If you've been informed by Fidelity that you are entitled to benefits following your father's passing, but it has been six weeks and the benefits have not been disbursed, it's advisable to follow up with Fidelity to check on the status of your claim and the reason for the delay. You... View More

1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: Husband passed away owning royalty rights in LA. Rights were devised to me. How do I get them changed into my name?
James Clifton
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James Clifton
answered on Oct 15, 2023

Your husband's will needs to be probated. After it has been probated, the executor should provide the royalty administrator with a copy of the will, the death certificate, the letters testamentary, and a request to transfer the royalties to you. Once that has been done, the royalty... View More

1 Answer | Asked in Probate and Gov & Administrative Law for Georgia on
Q: My step-brother, who was never adopted by my father, has had his name listed on my father's death certificate as son.

What can be done to correct this in the state of Georgia

James Clifton
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James Clifton
answered on Oct 10, 2023

You can send a request to amend the death certificate to the Department of Public Health. If a funeral home was involved with the arrangements following the death of your father, they may be able to assist with the correction. If you need additional help with probate, schedule a free consultation... View More

1 Answer | Asked in Probate for Georgia on
Q: how do i get a fillable form to petition the court for compensation
Anthony M. Avery
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answered on Oct 9, 2023

You probably need to hire a GA attorney to represent you.

1 Answer | Asked in Probate for Georgia on
Q: Both my mother and step-dad had their wills done at the same time. Which will stands good or to go by?

My step dad and mother had wills done at the same time. My step dad passed away, two years later My mother passed. My siblings and I agreed I take over the payments of the house and I buy them out instead of selling the house. The agreement was if one of the children purchase then we pay what they... View More

John Michael Frick
John Michael Frick
answered on Sep 30, 2023

Since your stepfather died first, you should have received 50% of the home subject to the mortgage.

If your stepfather’s estate didn’t make other arrangements to pay off the mortgage, you and your mother likely would have had to refinance to pay off that mortgage, with you and your...
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1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: I need help to make since of a will.

I have my papa's will and I'm trying to understand it.

Anthony M. Avery
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answered on Sep 25, 2023

You will have to consult with a GA attorney. Whether the Will was Probated or not is important.

1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: Where can I get just a barement done?

I purchased, a taxed lien land I need the tittle but i want is a barament done I got a tittle company to do the rest.

James Clifton
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James Clifton
answered on Sep 24, 2023

Most real estate attorneys can handle a barment. However, without also filing a suit to quiet title, you will not be able to pass marketable title to a purchaser of the property. Schedule a free consultation to ensure the barment is done correctly.

1 Answer | Asked in Probate for Georgia on
Q: I have a will. From my deceased wife. I need to file a probate case. To get my name on house insurance and the deed.
James Clifton
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James Clifton
answered on Sep 19, 2023

You will most likely need to probate the will in solemn form. If you are also named as the executor, once you are appointed as executor with letters testamentary issued, you can then transfer the property into your name once the creditor claims period has expired. You can also manage insurance and... View More

1 Answer | Asked in Probate for Georgia on
Q: My dad recently died. He never collected pension after retired. He does has survivor benefits. How calcuated?
T. Augustus Claus
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answered on Sep 13, 2023

The calculation and availability of survivor benefits in your dad's pension plan would primarily depend on the specific terms and provisions of that plan. Typically, pension plans offer survivor benefits to spouses and, in some cases, other designated beneficiaries.

To understand the...
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1 Answer | Asked in Employment Law and Probate for Georgia on
Q: In the state of Georgia, can a wife collect deceased husbands unpaid Unemployment? Married over 10 years.

Or do I need an executive of state

T. Augustus Claus
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answered on Sep 12, 2023

In the state of Georgia, a surviving spouse may have the possibility to collect the unpaid unemployment benefits of a deceased husband under specific circumstances. One crucial factor is the duration of the marriage, and a marriage lasting over ten years could potentially meet the eligibility... View More

1 Answer | Asked in Probate for Georgia on
Q: I have to file an objection to probate will in solemn form Georgia. Pro se. I can’t find a form or anything online.
James Clifton
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James Clifton
answered on Aug 31, 2023

There are no forms for objections or caveats in Georgia when contesting probate. It would be wise to consult an attorney prior to filing so that you don't end up getting yourself in trouble.

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Hi, My name is Denise. I am the executor of my grandmother's will, and I am trying to probate her will.

The Judge states that the codicil is not self-proven. Interrogatories to Witness to Will are being asked for. If said witnesses cannot be notified, what would be my next course of action? I have the original Will, but the original Codicil is with a copy of the Will records in another county. I did... View More

James Clifton
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James Clifton
answered on Aug 19, 2023

In order to be self-proven, a will or a codicil has to have a self-proving affidavit attached to it pursuant to OCGA 53-4-24. Since the codicil in question does not have a self-proving affidavit, interrogatories to the witness must be produced to confirm to the court that the will was signed as... View More

3 Answers | Asked in Real Estate Law, Probate and Estate Planning for Georgia on
Q: If I have a mortgage on my property in Georgia, can I put the property in my trust's name?

The house has not been paid off as yet

Nina Whitehurst
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answered on Aug 16, 2023

Yes, you can transfer your property to your trust. All that is required to effect the transfer is a deed.

The real question is what are the consequences if/when your lender finds out. The answer to that question depends on whether the property is residential or non-residential and whether...
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1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: In the state of Georgia, my deceased aunt left me her estate once my uncle passes. My uncle remarried. Can this change?
James Clifton
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James Clifton
answered on Aug 15, 2023

It depends on the wording in the will, but generally, yes, it can change and often does - children, siblings, nieces, and nephews get disinherited when a parent remarries and leaves everything to the new spouse. Schedule a free consultation so that your aunt's will can get reviewed to see what... View More

2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: Is it mandatory to get a bond for entire estate? Also, if we are unable to get a bond over 100k what options do we have
Anthony M. Avery
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answered on Aug 11, 2023

You can ask the Probate Judge to set a lower fiduciary bond. But usually someone else that can qualify for that bond requests to become administrator, sometimes an attorney. You may be including items which are not part of the Estate. Consult with a GA attorney that knows Probate, and you can... View More

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