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Georgia Probate Questions & Answers
3 Answers | Asked in Estate Planning and Probate for Georgia on
Q: how do Iegally protect my property and my finances from my daughter and her husband and make my brother my heir

my husband died and I assumed the house went directly to me. but I'm not sure. I want my brother to get the bulk if not all of my estate. my deceased husband and I have 1 living daughter left but her and her husband have been contacting other parties behind my back about purchasing my home,... View More

Nina Whitehurst
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answered on Jan 25, 2021

First, hire an estate planning attorney. Seriously, if this is that important to you, hire an attorney to make sure it is done right. Hire a specialist, not an attorney who dabbles in estate planning. Most likely the attorney will recommend a trust, a durable financial power of attorney, a medical... View More

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1 Answer | Asked in Probate for Georgia on
Q: My husband passed with no will and i am not on his bank account what do i need to do? My stimulus went to that acct and

My husband passed with no will and i am not on his bank account what do i need to do? My stimulus went to that acct and his last check the bank will not let me do anything with because it is to estate of

My name is Rebekah. I am not sure who to contact regarding my late husbands i guess... View More

Zainab Major Brown
Zainab Major Brown
answered on Jan 20, 2021

I send condolences. You should contact a probate attorney in Georgia for a consultation.

The probate lawyer you hire will help you navigate the probate court process to obtain the authority you need.

1 Answer | Asked in Criminal Law, Estate Planning, Banking and Probate for Georgia on
Q: Suspended Executor accessed descendants bank safely deposit box by provided bank manager invalid testamentary court.

Removed all contents and closes safety deposit box account out. Which included an original copy of a amended will and vehicle title. The following day, the suspended executor transferred vehicle title from the descendants name into his, providing the DMV with the same invalid court docs.

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Jan 18, 2021

Since you didn't ask a question, I'm not sure what you need. The facts sound horrible and the executor can easily have a judgment entered against him. I don't understand why there is a codicil to a will still floating around when the court had already issued Letters Textamentary to... View More

1 Answer | Asked in Probate for Georgia on
Q: Y husband passed with no will. We have been together for 42 years. He had a daughter she is contesting me be name admisr

In probate she has since died and need to know what to do now. There is also a son not by the same mother but they were close. No one can tell me what to do now. He had a checking account separate from our joint account and bank froze it. There was no one else on the account. Me being 66 and living... View More

Nina Whitehurst
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answered on Jan 25, 2021

You will have great difficulty navigating this on your own. Do yourself a huge favor and hire a professional to help you. You are looking for a probate attorney in your area. Click on Find a Lawyer above. Very often the attorney gets paid out of the estate.

1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: If a deed is worded with the owner's name and then ending with the words "Family Trust", what happens upon their death?
Nina Whitehurst
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answered on Jan 14, 2021

The name of the trust does not shed any light on what the plan of distribution is at the trust creator’s death. The only way to answer that question is to review the trust instrument itself.

1 Answer | Asked in Probate for Georgia on
Q: My brother's wife died and needs to go to probate to be named the executor but has an issue speaking after a stroke?

He understands and speaks slowly. He has no children. He will be coming to live with me. Will he be denied becoming the executor? Should I file for guardianship then executor? Have no clue what I should do.

My brother's wife has 2 checking accounts and a safe deposit box in only... View More

Anthony M. Avery
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answered on Jan 8, 2021

It does not appear there is any need for Probate. It appears he as an owner has the authority to act in regards to the three houses and the safe deposit box. If less than a buck in the accounts, forget about them. He may need to talk to a competent attorney to plan his Estate.

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: I’m a beneficiary of my grandfathers trust. My aunt has been named the trustee but won’t tell me what’s in the trust.

Is there a time limit or way to obtain the details of what is on the trust and what I am entitled to?

Homer P Jordan IV
Homer P Jordan IV
answered on Jan 6, 2021

You should consult with a probate attorney who can review the facts of your case in detail and provide you with guidance.

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Georgia on
Q: NEED A ESTATE LAWYER DEALING With PROBATE PROPERTY ISSUES
Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Dec 6, 2020

My firm handles only probate issues including real estate issues arising from the death of someone. Give us a call on Monday. 770-469-8887.

1 Answer | Asked in Family Law and Probate for Georgia on
Q: Legitimize rights

My fiance and I were together 12 years and he passed away. We have a son together but my fiance 22 year old son who is not legitimize was put in charge. I'm on the edge of loosening his ashes because I don't know what to do.

Homer P Jordan IV
Homer P Jordan IV
answered on Nov 4, 2020

I’m not sure what your specific questions are regarding legitimation. You should consult an attorney who can review the facts of your case and present you with options.

1 Answer | Asked in Probate for Georgia on
Q: My lawyer died without doing anything on my case. Can I get my money back from his estate?

Back in June 2019 I hired a lawyer to file contempt of court against my ex-wife. He never done anything with the case. In February 2020 he died. Can I probate his estate to get my money back?

Nina Whitehurst
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answered on Oct 22, 2020

Yes, you would be a claimant against his estate. If nobody else opens a probate then you can. You should contact a local probate attorney to help you with this.

2 Answers | Asked in Probate for Georgia on
Q: spouse of 13 yrs died w/o will in GA. He had real-estate lot and 3 cars in his name. No children. Only wife.

Can wife sell house to pay off mortgage and transfer cars without probate?

Seth Meyerson
Seth Meyerson
answered on Oct 19, 2020

To transfer the property to your name, you will need to probate the estate. This will also allow the retitling of the cars. Consult with an attorney.

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2 Answers | Asked in Probate for Georgia on
Q: As an heir of an estate still in probate in Georgia, can i request to see my mother's bank statements?

Our sister is not completely honest and not easy to give information. We feel she may have helped herself to $ while our mother was in hospital. Can we request this thru probate?

Seth Meyerson
Seth Meyerson
answered on Oct 15, 2020

Yes, you can demand an accounting as an heir.

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2 Answers | Asked in Probate for Georgia on
Q: How do I apply to be an Executor of my mother's recently deceased estate since she had no will. I have two sisters.

My mom died with out a will. For the last five years, I have been living with her and assisting with her care. She had told me it was her wish for me to be her executor of her estates when she passes. I do have two other sibling so I was not quite sure which forms and procures I need to go through... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Oct 8, 2020

You need to file a Petition to Appoint Permanent Administrator. You can get it from the court in Paulding County.

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1 Answer | Asked in Banking, Estate Planning and Probate for Georgia on
Q: My aunt passed away 4 months ago and her beneficiary was her sister.

At one time she was extremely well off but over the years her health declined and no one knew what she had in accounts or banks. How can we find out if she had any bank accounts or any safe deposit boxes? There is a lot of unanswered questions about where her money and assets went over the years.

Homer P Jordan IV
Homer P Jordan IV
answered on Oct 8, 2020

You will want to consult with a probate attorney who can review the case and help you plan the proper course of action to investigate this. -Homer P. Jordan IV, Esq. 404-620-1558

2 Answers | Asked in Probate for Georgia on
Q: My father died May 2019. He appointed his business manager executor but will is not yet filed. What should we do?

Executor is also a major beneficiary. Also beneficiaries are my 2 sisters, step sister and me. Business manager owns a competing business and we feel there is a conflict of interest in his being executor. The business manager was left Dad's house plus ownership of the business, which he must... View More

Seth Meyerson
Seth Meyerson
answered on Oct 7, 2020

The executor should have handled the funeral expenses.

You can get probate started by submitting a petition to probate the will.

The executor has a fiduciary duty to the heirs. A very high standard. If he breaches this, he can be sued personally. I think you would have to wait...
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1 Answer | Asked in Animal / Dog Law, Civil Rights and Probate for Georgia on
Q: Re Georgia code, which should I reference for reimbursement of reasonable pet fees (vet, insurance, etc.), please?

My father died, leaving his pet without a designated owner in the Will; he mentioned to me before he died that the pet dog was mine; saying, "Blackie is yours." My father said that at least three times to me and other(s). I lived with my parents for the preceding almost three years,... View More

Seth Meyerson
Seth Meyerson
answered on Oct 7, 2020

Unfortunately, your assumption of ownership of the dog will not entitle you to any more of the estate. The dog, according to GA law, is merely property.

2 Answers | Asked in Probate for Georgia on
Q: My step grandfather died. He was the legal guardian of my sister. Does my sister count as an heir in probate court?

He was a resident of Georgia. His wife, our grandmother, preceded him in death.

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Oct 5, 2020

Legal guardians are not heirs.

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1 Answer | Asked in Probate for Georgia on
Q: can I become administrator of an estate if one heir agrees and the other one does not?

I got legal custody of my nephew when he was two and a half, he was in foster care since he was about six weeks old. He died in a car accident in July, he was 21 and had no will. I have requested to become administrator of his estate, my brother signed the form, my nephew's mother refuses... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Oct 4, 2020

No, and you will not receive any if the wrongful death proceeds either unless the child was legally yours. The natural mother and father are his heirs.

1 Answer | Asked in Cannabis & Marijuana Law, Criminal Law and Probate for Georgia on
Q: If I smoked weed before being put on probation can I go to jail still?
Seth Meyerson
Seth Meyerson
answered on Sep 28, 2020

Conduct that occurred before your sentence cannot be validly used to violate your probation.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Georgia on
Q: Do an heir's interests in a will passes to their offsprings if heir dies intestate and dies after the deceased?

My grandfather passed away in 2007, and leaves real estate to all his children and to the offsprings of a deceased daughter who was already dead at time will was written.

This will is now in probate and three children of my grandfather are now dead. Because the will originally bequeathed... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Sep 25, 2020

I don't like not giving advice when someone writes in and ask for it, but your questions are too complex to give a general answer to. A lawyer experienced in probate law needs to examine all the wills and the dates of death of all concerned to give you a firm answer as to who is entitled to... View More

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