Ask a Question

Get free answers to your Probate legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Georgia Probate Questions & Answers
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
PREMIUM
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.

1 Answer | Asked in Probate for Georgia on
Q: If there is a Certified Appraisal on real estate, can an Executor sell real estate at a lower rate to their friends?

How do I get the Probate Judge to intervene to protect the other beneficiaries?

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

An executor has a duty to all beneficiaries to carry out the terms of a will. That does not necessarily mean an executor must sell at the highest price and it would rarely mean they have to sell at appraised price. If you do not like the price a piece of real estate is being sold for, you need to... View More

2 Answers | Asked in Probate for Georgia on
Q: can a spouse keep all money left from deceased without dividing with maternal children?
Homer P Jordan IV
Homer P Jordan IV
answered on Jul 20, 2018

This really depends on the facts of your case, which an attorney would need to review in detail in order to provide a thorough response. You should consult with an attorney who can review the facts and present you with the options. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

View More Answers

1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: I assumed a mortgage loan from my mother's home in GA. She died intestate in 2012. What type of deed do I file?

I recently completed a loan assumption and modification on a property originally owned by my mother, who died intestate in 2012. I was the temporary Administrator of her estate which nad no value, until the estate was closed in 2013. I am unsure now, what type of deed to file with the county... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Jul 19, 2018

You should prepare an Administrator's Deed transferring the home from your mother into your name. This assumes you have paid all debts of the estate and have paid all other heirs whatever their inheritance should be. Further, as temporary administrator, you have no authority to transfer real... View More

1 Answer | Asked in Probate and Real Estate Law for Georgia on
Q: If a mother has passed away and leaves 50/50 to the son and daughter.can the sister got rent from him to buy her out
Regina Irene Edwards
PREMIUM
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2018

This isn't a family law questions. Try trusts and estates section.

2 Answers | Asked in Criminal Law and Probate for Georgia on
Q: If i violate probabtion failure to report probabtion for second time what possible things that happen to me??
David Edward Boyle
David Edward Boyle
answered on Jul 14, 2018

They can revoke the balance of your sentence or up to two years, whichever is less.

View More Answers

1 Answer | Asked in Probate for Georgia on
Q: My Great Aunt was a widow in Fulton County Ga. She has Passed she never had any children. In her will dated from 1992

She stated that if she was to pass after her husband than everything should be split amongst her siblings. But what happens out of the 5 siblings if 2 are deceased also? Will there portion go to her deceased siblings children, nieces and nephews?

John W. Chambers Jr
John W. Chambers Jr
answered on Jul 10, 2018

The answer to your question depends on the express terms of the will and the applicable provisions of Georgia law. I recommend that you consult with a probate attorney. The attorney would need to review the provisions of your great aunt's will to answer your question.

1 Answer | Asked in Probate and Family Law for Georgia on
Q: What exactly happens when a will is turned in to the court probate?
Homer P Jordan IV
Homer P Jordan IV
answered on Jul 9, 2018

The probate process has the court settle the estate. The court will ensure debts have been paid and then distribute the remaining assets. If you haven't already consulted with an attorney you may want to do so. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: A brother and his sister owns a piece of land together on which the home that he and his wife has lived for almost 40

years is located and he passes away, does his half of the land transfer to his widow protected her from loosing her home or does his half of the land transfer to his sister? Their home and the land is in the state of Georgia. There was no will.

John W. Chambers Jr
John W. Chambers Jr
answered on Jun 22, 2018

If the brother and sister owned the property as joint tenants with survivorship, on the death of the brother, the sister would own the property under Georgia law. On the other hand, if the property were owned by the brother and sister as tenants-in-common, the brother's undivided interest in... View More

View More Answers

1 Answer | Asked in Elder Law and Probate for Georgia on
Q: Mother passed with will while in nursing home paid for via Medicaid. I am only living child and only heir in will.

Her only asset is land in south Georgia worth approximately $65,000 which I would like to keep. Will I be required to sell land to satisfy Medicaid Estate Recovery? If so, can I buy the land or negotiate with Medicaid to pay a portion of the total they paid out (she was in nursing home for over 5... View More

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

Here is a link to a brochure available from the Georgia Department of Community Health: https://dch.georgia.gov/sites/dch.georgia.gov/files/Web%20Version%202014.pdf. The brochure states: "The total gross value of the estate must be valued over $25,000 for estate recovery to apply. An... View More

2 Answers | Asked in Probate for Georgia on
Q: My deceased aunt was poa of my deceased sister estate. Will it be appointed to her daughter.How can I find out who is

Though I live in Indiana would the state of Georgia allow my deceased aunts daughter in Georgia to become poa of my sisters estate. Although my other sibling did sign. I never give my consent

P. Justin Thrailkill
P. Justin Thrailkill
answered on Jun 11, 2018

POA dies with the person. In order to administer an estate your niece has to petition to probate the estate. Talk to an attorney to discuss this in more detail and to discuss your options if something has been filed.

View More Answers

2 Answers | Asked in Probate for Georgia on
Q: CURRENTLY, HAVE A QUIT CLAIM DEED WITH MY BROTHER FROM A PIECE OF PROPERTY THAT WAS WILL TO US FROM MY FATHER PASSED.

THE PROPERTY I FEEL THAT WAS QUIT CLAIM DEED TO MY BROTHER WAS GOTTEN BY FRAUD, I DIDN'T TOTALLY UNDERSTAND ALL THE TOPIC'S, I WAS TOLD BECAUSE YOU DON'T CURRENTLY HAVE A JOB AND YOUR CREDIT SCORE IS NOT UP TO PAR AND THE PROPERTY CURRENTLY IS IN NEED OF WORK. HE HAS TWO PROPERTIES... View More

P. Justin Thrailkill
P. Justin Thrailkill
answered on Jun 8, 2018

Answer is still the same. If the deed is in his name, it's his property to do with as he pleases.

View More Answers

2 Answers | Asked in Probate for Georgia on
Q: A piece of property was WILL to my brother and I back in December 2015 after the lost of our father.

In December 2016, I did a quit claim deed to this brother. The reason was for getting a home improvement loan so I thought that would allow me the fix the property up, because I had no job and my credit wasn't up to speed, I was told to do the quit claim so the process would move faster.... View More

P. Justin Thrailkill
P. Justin Thrailkill
answered on Jun 8, 2018

If you quitclaimed the property to him it is his to do as he pleases.

View More Answers

2 Answers | Asked in Criminal Law and Probate for Georgia on
Q: What to do if first offenders act was not completed? I need a lawyer located in Georgia.

2008 moved to Arizona they submitted case but P.O. that received my case passed away. GA wouldn't resubmit because I was a resident of AZ. In 2013 GA suspended my license. What to do? I really want this resolved.

Forrest Clinton Barbour
Forrest Clinton Barbour
answered on Jun 4, 2018

I need more information. Your post is unclear. You entered a plea under First Offender in Georgia?

View More Answers

2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: My father passed away without a will in the state of Georgia

My father passed away without a will in the state of Georgia. He had gotten married 5-6 months prior to his death. He has 4 kids. He had some things at his wife’s home, but had two storage units full of family things and items. She has been accessing & going through these storage units and... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on May 27, 2018

She can access any accounts on which her name appears. Likewise, she can access the units if her name is on the storage unit rental. If it is not, you can send the storage facility a copy of his death certificate and ask them to restrict access until an Administrator is appointed. You and your... View More

View More Answers

1 Answer | Asked in Probate for Georgia on
Q: We have a copy of a will dated 2014 we are probating it in Georgia. We cannot locate the original will. We need to have

Persons in California that we need to complete an Interrogratories to witness will. These were wittnesses on will. Can we hire someone in California to locate these persons to help speed up probate? Thank you

John W. Chambers Jr
John W. Chambers Jr
answered on May 23, 2018

In Georgia, if the original will is missing, there is a rebuttable presumption that the testator intended to revoke the will. In such case, you usually would be required to present evidence to rebut the presumption of revocation. You certainly may hire someone or use a service to try to locate a... View More

2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: Mom passed leaving a hand written notarized will.

Mom paased leaving a hand written notorzied will. The deed is in Mom's name only. IN the will she states that the one child can live in the house if he can pay the property taxes. There are 4 children. It also states that everything belongs to everyone except a few pieces of furniture. 2 of... View More

Regina Irene Edwards
PREMIUM
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 11, 2018

This isn't a family law question. You should post in the estate forum.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.