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Georgia Estate Planning Questions & Answers
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
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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 Estate Planning, Family Law, Personal Injury and Civil Rights for Georgia on
Q: Can I file a protective order against my brother who tried to assault me and had me evicted from my parent's residence?
Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Apr 26, 2022

If you currently live with your brother and can show the court that he was violent and will likely be violent in the future, you may have a valid claim for a Temporary Protective Order.

1 Answer | Asked in Estate Planning, Real Estate Law and Adoption for Georgia on
Q: What's rights do an adopted child have when inheriting property after the adopting parent passes away?
Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Apr 12, 2022

If a child is legally adopted in Georgia, he or she will have rights to inherit from their parents the same as any child who is the biological child.

2 Answers | Asked in Estate Planning, Family Law and Products Liability for Georgia on
Q: Elderly mother. POA/medical/financial. Can I sell her house legally and use money to place her in assisted living?

I am her daughter and I've been caring for her for approximately a year I live out of state, and she's not wanting to move with me up to Knoxville because she's 93 years old and bedridden. I'd like to know if I can legally sell the house to pay for an assisted living place for... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Apr 2, 2022

It is not possible to answer your questions without actually reviewing the powers of attorney that you hold. You also would be well served by consulting with an elder law attorney to not only review the powers of attorney but also give you some advice about Medicaid crisis planning.

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1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: What happens if initials are swapped by the son of the passed deceased loved one, by their son or ex wife? In a will.

The sister was actually suppose to get property but the son swapped the names on the will

Anthony M. Avery
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Anthony M. Avery
answered on Apr 1, 2022

Sister needs to hire a competent GA attorney to contest the Probated Will.

2 Answers | Asked in Estate Planning for Georgia on
Q: Can a trustee deny a beneficiary her wishes as long as those wishes ate within reason?

For example the young ladies 21st birthday is coming up and she has made requests on the things that she would like to do. The trustee has told the beneficiary no that she can not shop for clothes and shoes for the trip and that she can not get her hair done nor can she get a manicure or a pedicure... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Mar 21, 2022

Your question cannot be answered in a forum meant for answering questions of a general nature. Your question is very specific and cannot be answered without reviewing the terms of the trust. Every trust is unique and there are no general rules that can be provided for when a distribution is... Read more »

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1 Answer | Asked in Real Estate Law, Estate Planning and Family Law for Georgia on
Q: Is the transfer of property after death, without a will, automatic for couple living in separate maintenance?

If, in the separate maintenance agreement, one side kept the co-owned home and renamed in their name only while the other bought their own home with the decree settlement, do both properties automatically transfer to the surviving spouse if there is no will? In other words, can one spouse move... Read more »

Elizabeth Cruz Noellien
Elizabeth Cruz Noellien
answered on Mar 11, 2022

If your name was not on the property, then then the estate will have to be probated in Probate Court and the property will be distributed to his heirs. As a spouse you are considered an heir, however, you will need to look at your separate maintenance agreement as to whether you gave up your rights... Read more »

1 Answer | Asked in Divorce, Estate Planning, Family Law and Probate for Georgia on
Q: What happens in a separate maintenance decree after death?

Couple was living separately for 10 years, have no children, and the decree provided ~50/50 split of assets. Does the surviving spouse still have all the rights as a primary beneficiary if the other spouse dies intestate? Next of kin are surviving siblings.

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Mar 7, 2022

If a couple is living under a separate maintenance agreement when one of them dies, the couple is considered married for all purposes of inheritance. hose rights however can be altered by the terms of the separate maintenance agreement.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Georgia on
Q: Georgia resident died with a will but a property in France was not included in will. Which law applies to this property?

US citizen (Georgia resident at time of death) had a land in France. He had a will but that specific property was not included in Will. What inheritance law applies to this property? Georgia law or French law? I would appreciate if you quote the georgia law section that mentions that.

Many Thanks

Anthony M. Avery
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Anthony M. Avery
answered on Mar 3, 2022

The Residuary Clause of the Will includes non-devised real property. So the Residuary Beneficary owns the land. You will have to hire a French attorney to cure title there, but I am sure a certified copy of the Probated Will is necessary for ancillary administration.

1 Answer | Asked in Divorce, Estate Planning and Real Estate Law for Georgia on
Q: Where do I find and check official sources?
Homer P Jordan IV
Homer P Jordan IV
answered on Feb 23, 2022

Are you referring to ensuring lawyers are legal to practice in the state? You can call the state bar to make an inquiry regarding that. They will also tell you if there are complaints against an attorney.

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: My dad died recently owing me a personal debt of just over 8000. Do I need to file anything with his estate?

My sister has agreed to pay me, but now that we are in probate, I don't know if I should send a "bill" or not.

Jammie Taire
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Jammie Taire
answered on Feb 10, 2022

I would first like to extend my sympathy regarding the loss of your father. The short answer to your question is yes. You should file a claim against the estate in probate. Sending out a "bill" to your sister is not sufficient. In order to protect your claim a properly filed claim... Read more »

2 Answers | Asked in Divorce, Estate Planning and Family Law for Georgia on
Q: My husband received 100K from his Stepfather in form of a publicly traded company stock.

Originally it was owed by his Father. When he died it went to his Mother and when she died it went to his Stepfather. My husband didn’t get along with his Stepfather so I was surprised when his Stepfather gave him stock. Now that my husband and I are divorcing, is the 100K considered... Read more »

Regina Irene Edwards
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Regina Irene Edwards
answered on Jan 10, 2022

No one can give you an exact answer, but it is possible that the money was converted to marital property when it was placed into the joint account. Speak with an attorney about your case so they can review your documents and give you specific advice.

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1 Answer | Asked in Estate Planning and Banking for Georgia on
Q: Bank won't acknowlege POA because it is not certified with court

I have notarized POA on my Dad, drawn up by attorney in 1992. He can no longer sign checks and bank won't honor POA as is. How do you certify it with court? It is a properly notarized document already.

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Dec 3, 2021

Your question cannot be answered without reviewing the POA to try to determine what exactly the bank might be concerned about. It is possible that the POA only becomes effective upon incapacity, and so the bank wants proof of incapacity of your father. It that is the case, you need to get a... Read more »

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Do i need to probate

My mom had no will.She has no estate or assets besides her car. My sister says i can have the car. do we need to probate?

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor
answered on Nov 6, 2021

How do you plan to get title to the car? You may still have to do a small estate probate. Did your mom own any real estate? I suggest you do a consultation with an estate attorney.

Ellen Deutsch Taylor

727 365-3121

1 Answer | Asked in Estate Planning for Georgia on
Q: How to transfer a will to another County?

Will is Gordon County and Probate is in Cobb.

Robert W. Hughes Jr.
PREMIUM
Robert W. Hughes Jr.
answered on Oct 10, 2021

I assume the Will is on file in the Gordon County Probate Court and the person who died is in Cobb County? If so, file your petition in Cobb and ask the court to contact Gordon County to have the will sentr to Cobb .

1 Answer | Asked in Estate Planning for Georgia on
Q: By law is the estate of my deceased father split 50/50 if sold or the wife can buy me out
A. Jase Allen
A. Jase Allen
answered on Oct 10, 2021

I am not an attorney in GA but more info is needed to answer this question. State law governs the estate of a deceased person. The type of information needed to answer this question would be, was there a will/trust left behind, what does the will/trust say, and who are all the heirs and... Read more »

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: How do i cllect life insurance from my dead brothe that had no will or beniferaries on life policy
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 8, 2021

You will need to hire an attorney to pursue the policy benefit. It may require a Probate or an Affidavit as who the Next of Kin are. Filing Suit for Breach of Contract and Bad Faith, with a Complaint to the Insurance Regulatory Agency for the State, may all be necessary.

1 Answer | Asked in Estate Planning for Georgia on
Q: Q: My 1/2 sister took our 95 year old dad to her lawyer and changed his will after being on Alzheimer’s medicine for 7y.

There was an original will and everything was to be divided equally between us 3 but now it’s only her name to have his estate.

My dad did pass away 11/2020. My other sister and I filled A grievance with the probate court over they will.

Robert W. Hughes Jr.
PREMIUM
Robert W. Hughes Jr.
answered on Oct 7, 2021

While you do not ask a question, I assume you want to know what to do. Until your father passes away and his will is offered for probate there is nothing you can do. Once the will is offered for probate, you should challenge the will by filing a Caveat to it in the probate court where the will is... Read more »

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: what happens to a person's bank account if they die without a will or known relatives?
Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Oct 6, 2021

If nobody claims the account within a certain period of time (which varies by state and financial institution but is usually around 3 years), then the bank will remit the funds to the state treasurer as unclaimed property.

2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: My mother passed away my younger sister is executor. Dod she have the right to take mom's car? Divide everything.

My baby brother needs a vehicle. He asked my sister about moms car. And she said $1000. Is this correct.

Robert W. Hughes Jr.
PREMIUM
Robert W. Hughes Jr.
answered on Sep 19, 2021

Your sister must follow the will. If there is no Will, then the court will have to appoint an Administrator to handle the estate. The court will appoint whomever the majority of heirs selects to be administrator.

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