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Georgia Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for Georgia on
Q: when a loved ones dies and their wife passed before them does it go to blood relatives or her family which are not blood

my grandad passed and left in his will everything to his wife which was our step grandmother. She passed a few months before him and my grandad left her son-n-law executor. He is telling me that since she is no longer here it will go to her kids instead of us grandkids that are blood. Is this... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on May 10, 2021

This is a difficult question to answer. It all depends on exactly how the will is written. Generally, the bequest to thee wife will go to the contingent beneficiaries, but not always.

1 Answer | Asked in Estate Planning for Georgia on
Q: In Ga, does my step mom have the right to exhume and cremate my deceased father if she is remarried?

My father has been deceased for 19 years. My step-mom want to exhume his body and cremate him. I am his daughter and I want to see if I have any legal rights to stop her?

My step-mom is currently remarried. Her reason is she doesn't want him there (she pick the place) and she... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on May 6, 2021

As you might imagine, we don't see this issue come up every day. Without doing much research on this, I am providing to you a statue (law) which might mean your mother could be charged with a felony for doing this.

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OFFICIAL CODE OF GEORGIA ANNOTATED

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1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Can an executor be exempt from fiduciary duties if the will stated they can be relieved from any bond?

Will states: he be relieved from giving any bond & making any inventory, appraisements nor returns of any kind whatsoever to any court.

Is there any way he could transfer the house to the estate & sell it without notice? The executor is not a family member and has not acted in good... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on May 2, 2021

Because the will excuses the executor from a bond or accountings, the executor still must meet his fiduciary duties. If you feel the executor is not properly performing his job, you should retain an attorney to assist you with enforcing your rights as an heir and beneficiary.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Georgia on
Q: Wife died. no will. House in her name. Who inherits? Just husband? Or husband and children? state of GA
Homer P Jordan IV
Homer P Jordan IV answered on Apr 23, 2021

A house would typically be considered marital asset, and it was likely both hers and her husband’s. We would need to know more details to provide additional information specific to this situation.

1 Answer | Asked in Estate Planning for Georgia on
Q: I want to change beneficiaries to my will, can I do a codicil and assign witnesses myself?
Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Apr 21, 2021

Any changes to a will must be executed in the same manner as the original will. You will need witnesses and a notary.

2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: My father died with out a will. I have siblings born out of wedlock , no DNA results. Probate Court worth COUNTY Ga

They are not legitimate through Superior Court are they heirs? The courts asked for a list of siblings I only gave my whole brothers and sisters but the ones born out of wedlock started calling and got on the probate Court Records as heirs how is this possible. I'm the administrator but... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Apr 13, 2021

As Administrator, it is your job to file a Petition to Determine Heirs. Each person who thinks he is an heir will have to prove to the judge how he is an heir. This type of action is best handled with attorney assistance.

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1 Answer | Asked in Estate Planning, Elder Law and Real Estate Law for Georgia on
Q: A joint mortgage with our daughter & husband: if there's a financial judgment on them is whole home susceptible or 1/4?

In our upcoming retirement, we are considering refinancing our home as a joint mortgage including our daughter and husband. If in the future there is a financial judgment against our daughter or husband, for whatever reason, is the entire home value considered or only their share?

Michael D. Birchmore
Michael D. Birchmore answered on Mar 18, 2021

There are many other pieces of information we would need to provide a competent response. That said, you would not want to include the daughter and husband on the mortgage. Why would you unless they, too, are going to be co-borrowers? Perhaps you are thinking about putting them on the d-e-e-d... Read more »

1 Answer | Asked in Contracts, Estate Planning, Civil Litigation and Probate for Georgia on
Q: My fiance died. We lived in the home together but his mother is cosigner. She stole our bed and won't let me have it.

What do I do to get it back? He died in that bed with me.

Homer P Jordan IV
Homer P Jordan IV answered on Mar 15, 2021

My condolences regarding your fiancé passing. You may want to try asking her nicely if you can have it simply because it has sentimental value to you.

1 Answer | Asked in Estate Planning and Real Estate Law for Georgia on
Q: If a descendant of a deceased loved one pays for the funeral of the deceased are they the temporary admin of estate?

For example the father passed he had no living relatives but two children. child one says they knew about a will but it is no longer there, the court system has no record of any will being filed. Child two payed for the funeral funds as well as has some of the deceased persons property. Child one... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 4, 2021

Without a Will being probated, the Decedent died intestate. His heirs at law are the owners of the land, as tenants in common of undivided interest. Hire an attorney to determine heirship, file an Affidavit of Heirship, and possibly draft a Deed for the other heirs to transfer to one heir.... Read more »

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: i am my grandmother's heir at law. Her son, my father, was deceased before my grandmother.

He was not named in the will. Am i entitled to inherit anything from my grandmother's estate as heir at law?

Also, am I required to sign the petition to probate will?

Homer P Jordan IV
Homer P Jordan IV answered on Mar 2, 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 and Real Estate Law for Georgia on
Q: Good morning I have a question about my recent filings i had filed quit claim deeds and an executors deed.

But the attorneys are telling me that i filed it into a trust how do you file with placing it into a trust? Is there another system that we would have to go through? My client is wanting to sale her home but she has 11 siblings and her mother is the executor of the estate. The attorneys are... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Feb 26, 2021

You have referred to the owner as being "my [your] client." If you are representing someone in a legal matter you must be properly licensed to practice law in the state of Georgia. Only licensed attorneys may do what you have described. You should be very careful as you decide your... Read more »

2 Answers | Asked in Estate Planning for Georgia on
Q: what is the charge for a revocable trust and will?
Nina Whitehurst
Nina Whitehurst answered on Feb 23, 2021

There is no standard rate for estate planning, and every estate plan is different, so fees can vary quite dramatically. The only way to find out is to consult with actual estate planning attorneys in your area.

I would also caution you not to be penny wise and pound foolish. You get what...
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1 Answer | Asked in Estate Planning for Georgia on
Q: Is there a way to distribute assets during a living lifetime based on events without transferring them to a trust?

Wills are used to distribute assets in one death

Living trusts require you to transfer assets to their name to protect and distribute them.

Power of attorneys allows people to handle your medical and financial decisions should you become incapacitated.

I’m trying to figure... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Feb 20, 2021

You can do what you want be making the power of attorney durable and specifically giving your poa the power to transfer property to a trust.

This will work long as no one challenges any of your documents

1 Answer | Asked in Estate Planning for Georgia on
Q: How can we trigger an automatic gift of assets if we become an ex-parte ward of the state?

My spouse and I’ve been reading about how malicious guardians take advantage of people using ex-parte orders to become legal guardians and then drain the estate.

We’re planning to make a comprehensive durable power of attorney document giving POA to our children and other family... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 20, 2021

A will only controls disposition of assets after the maker of the will passes. You will need a trust to accomplish what you want, and you will need to transfer your assets to the trust. This is a long way from being a do-it-yourself project. You should hire an estate planning attorney to help you.

2 Answers | Asked in Estate Planning for Georgia on
Q: We had plan to give daughter house in exchange for care in our old age. Should we refinance in their name or keep ours

Daughter and husband already live in home and they would pay remaining balance of mortgage. They keep the house and we can remain there as well until we die; he is a medical nurse to assist in our senior care. We want to refinance and take a small home improvement loan out on the new mortgage. In... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 13, 2021

PLEASE do not do this without the assistance of an experienced elder law attorney. Your plan is fraught with peril. Many before you have gone down this path much to their regret. There are too many things that could go wrong to list, so I will just list a few. Think about what happens if they... Read more »

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1 Answer | Asked in Estate Planning for Georgia on
Q: When does administrator of an estate have the right to hold money from beneficiaries at the closing?

The administrator of the inherited land me and my sisters are beneficiaries over is coming up for closing this Friday and the administrator which is my aunt told us that we will not be getting the full amount of the gross of sale until she speaks with the CPA on a tax situation

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Feb 11, 2021

It seems that the Administrator is doing her job. It is her job to make sure all creditor claims are satisfied before distributing money to you. However, if you feel she is dragging her feet, you have a right to demand a settlement of accounts in probate court.

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: What are the rights of a widow when a spouse dies and no will and they have eight adult children.
Homer P Jordan IV
Homer P Jordan IV answered on Feb 9, 2021

The estate would likely go to probate and a judge would make decisions regarding the assets. Consult with a probate attorney who can help you with the process.

2 Answers | Asked in Estate Planning and Landlord - Tenant for Georgia on
Q: My mother in law passed a little over a week ago. My husband and I live next door and his name is on the deed to our

And his name is on the deed to hers as well. His cousin moved in with her about a year ago and was only suppose to stat a few months but here we are a year later. My question is, is my husband allowed to kick him out because he won't be paying for power and such and we don't want the... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Feb 1, 2021

No, he can not just kick the cousin out, unfortunately. He will need to go through the proper legal channels to have the cousin evicted.

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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,... Read more »

Nina Whitehurst
Nina Whitehurst 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... Read more »

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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... Read more »

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