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Georgia Probate Questions & Answers
2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: My daughter died she was divorcing her husband they lived apart can he gain control of her house.

She also filed a property deed with her boyfriend who lived with her.

Ellaretha Coleman
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Ellaretha Coleman
answered on Oct 25, 2018

Possibly. There are a number of variables to determine who will be entitled to any property left behind by your daughter. You should consult with a probate attorney to discuss the specific facts and circumstances of your daughter's estate to determine your rights.

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2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: In GA, how does an executor of a will decline to serve so that the next name listed gets appointed?
P. Justin Thrailkill
P. Justin Thrailkill
answered on Oct 23, 2018

I don't know that any formality is necessarily required. A simple statement by the named executor, notarized and filed with the clerk's office ought to do it.

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1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: A sibling of 2 other heirs is co-executor and has been caught stealing and mishandling funds. Attorney is doing nothing

but racking up billable hours. What can we do?

Seth Meyerson
Seth Meyerson
answered on Nov 12, 2018

Motion to dismiss executor and replace him. See an attorney.

2 Answers | Asked in Probate for Georgia on
Q: Dad passed away in Cobb County. Brother & I are co executors. Can my brother renounce this as he is out of state?

Unfortunately, my brother and I are unable to be in the same place at the same time to close out my father's bank account. If he renounces his duties as executor would this effect anything else? His life insurance benefits? We have full trust in each other... it is strictly a logistical issue.

John W. Chambers Jr
John W. Chambers Jr
answered on Oct 16, 2018

Your brother may renounce his right to serve, and unless your father named a successor co-executor, you could serve as the sole executor. The renunciation must be in a writing signed by your brother and his signature must be notarized. The renunciation must be filed with the probate court.... View More

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1 Answer | Asked in Probate for Georgia on
Q: in Georgia , 16 year old minor and a pregnant 19 year old . does the 16 year old need one parent with full custody

or does both parents have to be there

Seth Meyerson
Seth Meyerson
answered on Nov 12, 2018

For what?

1 Answer | Asked in Landlord - Tenant and Probate for Georgia on
Q: How long does the PR of an estate in Georgia have to remove personal affects of a deceased renter from home?

PR of estate has been recognized by probate court as of this month. Landlord of renter (the deceased) has sent letter of notice to quit lease to PR stipulating property must be entirely clean. Renter was on a floating month by month lease in an old home and acquired decades of stuff. PR lives out... View More

Seth Meyerson
Seth Meyerson
answered on Nov 12, 2018

The landlord can demand whatever he wants. If he wants an eviction he will have to convince a judge what he is doing is right.

The deceased has a month to month lease. In GA the LL needs to give 60 days notice to term so long as the lease is being fulfilled (you must pay rent). He also...
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1 Answer | Asked in Criminal Law and Probate for Georgia on
Q: I'm on first offenders act if I violate probation will they bring back all my original charge or just wut I pled guilty2
David Edward Boyle
David Edward Boyle
answered on Oct 9, 2018

A violation of the First Offender Act can only result in a revocation of the sentence for the charges that you pled guilty to. The Court cannot recharge you with crimes that were dismissed in your earlier plea.

1 Answer | Asked in Probate for Georgia on
Q: One of four residuary beneficiaries under the Will is missing. What do we do with his share?

We know we'll have to provide an aff of diligent search at time we file discharge petition. Will we have to hold his part in trust?

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Oct 4, 2018

The short answer is yes. You must maintain his share for him. You have to make a diligent search for him. This is an estate expense. Once you have given up trying to locate him, his money must be kept in the estate account. People are presumed dead after 7 years of no one hearing from him. You... View More

1 Answer | Asked in Probate for Georgia on
Q: I am named executor of my Fathers will. My Father had a business I am expected to sell. Do I have to probate the will.

My brothers portion I have to put in a trust that I oversee. The other six heirs are grandchildren. I am selling the business as a lease to purchase. Can I open a bank account in the estates name and pay the heirs monthly. There are no debts on the business or any other debts in my fathers name.

John W. Chambers Jr
John W. Chambers Jr
answered on Sep 19, 2018

I recommend that you seek the advice of a probate attorney. If a decedent's business is part of his estate and the decedent had a will, the person named as executor in the will would need to probate the will and petition the probate court to be appointed executor. What the executor may do... View More

2 Answers | Asked in Probate for Georgia on
Q: My father died 7 years before my stepmother she never probated his-will. My father has 2 living children my stepmothers

Kids preceded her in death. Her Will leaves the home to myself , brother, & stepbrother (deceased) I have been told both wills have to be probated separately: since there is a will is it even necessary to even go thru probate? I live currently live in the home, my brother lives in another... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Sep 14, 2018

It depends on whose name the house is in. If the home is in both parents' names, you will need to open an estate for each. Be aware that if your step siblings had children, they have an interest in the estate

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1 Answer | Asked in Probate for Georgia on
Q: I am a co-executor of a will and the other person wants me to renounce my executorship. How would I know the will is

actually carried out as requested?

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Sep 13, 2018

You will not know. Therefore, you should not renounce unless you want nothing to do with the estate. You must count on the beneficiaries to hold the executor's feet to the fire.

1 Answer | Asked in Probate for Georgia on
Q: Ga - Options to avoid quit claims from siblings when I am the executor and only named beneficiary in will - need help

In Ga - I am executor and only beneficiary in my dads estate & will at 100%. I left the house in his name since his death 11/1/2015 and paid the mortgage. I probated his estate using the common form and didn't know anything about needing to change the deed. I am now selling his house and... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Sep 10, 2018

You have a mess on your hands. You should never have opened the estate in common form. You cannot transfer real estate with a common form probate. You must open the estate in solemn form. If the will leaves the real estate to you, then you will not need quit claim deeds form your siblings. You... View More

1 Answer | Asked in Probate for Georgia on
Q: Probate Question: Trying to sell a property with beneficiaries under 18

My mom recently passed away and she had 4 children.

She has a house that my sister and I do not want to keep. My sister and I are over 18, but my two brothers are not. Would the executor of her estate be able to file a petition to sale if just my sister and I approved?

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Sep 10, 2018

You mention you are an executor. Therefore, there must be a will. If the will gives you the power to sell real estate, you do not need anyone's permission. However, if the minors believe the property sold too cheaply, they can bring suit against you for an improper sale . The safe route is... View More

1 Answer | Asked in Probate for Georgia on
Q: Can you help me?

My father passed away in July of this year. He left a living will and his estate to his oldest child(myself) but the will was over ruled when it turned out that my father had his girlfriend's name put on the house deed. Does that over rule the entire will or just the house and land? Also he... View More

John W. Chambers Jr
John W. Chambers Jr
answered on Aug 21, 2018

More information would be needed to answer your questions, and I would urge you to seek the advice of a probate attorney. Whether your father's interest in the house passed to his girlfriend would depend on whether the property was owned by them as joint tenants with survivorship or as... View More

1 Answer | Asked in Probate for Georgia on
Q: My husband died in Georgia in 2007, can I still file Quit Claim deed from 2007 in Fl avoiding probate on land

I am executor of late husband's estate in GA. He owned property in GA and FL. His will left all property to me in GA and FL. I still live in GA. I am current on FL taxes. Wakulla County. No house just land. I just found Quit Claim Deed in 2018 he signed before he died in 2007 deeding FL... View More

John W. Chambers Jr
John W. Chambers Jr
answered on Aug 19, 2018

If the property is in Florida, you need to consult with an attorney who is familiar with Florida law. If you received Letters Testamentary in Georgia after probating your husband's Will in Georgia, there might be a way to deal with this property without having to file an ancillary probate... View More

2 Answers | Asked in Criminal Law and Probate for Georgia on
Q: I am on probation and I caught another felony and received a split sentence of more probation and PDC time.

While in PDC I caught another charge

David Edward Boyle
David Edward Boyle
answered on Aug 11, 2018

OK, what is your question?

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1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: Question is close friend owned property it was in her name but her mother was executor of property cause she was minor

My friend became adult but nothing was changed and her mother died. Well still nothing was filed and taxes was paid. The year my friend passed away (no children or heirs) I was made to move off property after the home I had built out of material that was my husband that his father had left him... View More

Regina Irene Edwards
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Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 1, 2018

This isn't a family law question.

1 Answer | Asked in Criminal Law and Probate for Georgia on
Q: if I violate probation in barrow county ga for not attending drug and alchohol class no payment how much jail time
David Edward Boyle
David Edward Boyle
answered on Aug 1, 2018

Failure to complete a condition of probation is usually a technical violation which subjects the accused to a revocation of probation for not more than 2 years or whatever is left on the sentence, whichever is less.

1 Answer | Asked in Probate for Georgia on
Q: My Dad passed away and my Mom is the sole beneficiary in his will. Do we need to file his will in probate court?

All accounts are in both their names.

John W. Chambers Jr
John W. Chambers Jr
answered on Jul 30, 2018

The answer to your questions depends on what property your father owned. If there is property in his probate estate, the person named as executor in the will probably would need to file a petition to probate the will. I recommend that the person named as executor contact a probate attorney, who... View More

1 Answer | Asked in Probate for Georgia on
Q: My dad bought some property, but before he got it put in his name he passed away. What do I do? Or what do I need 2file

we lived there for 20 + yrs..i can't find any paperwork and he won't ģive me a copy. now i was told he sold it..

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Jul 22, 2018

you can check on land ownership by going to the Deed Room in the County Clerk's office in the county where the land is located. There, you can pull the deeds to see exactly how your father's land has been titled through time.

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