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Georgia Estate Planning Questions & Answers
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 »

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 for Georgia on
Q: I am a beneficiary of my grandfathers trust. My aunt is the trustee and has not given me any information after 6 months.

Is there a way to legally obtain the information (details) of the trust?

Jack T. Carney
Jack T. Carney answered on Jan 5, 2021

You do have rights as the beneficiary of a trust. The trust is governed by the laws of its "situs" (that basically means the domicile of the trust). Assuming it is Georgia, one of the code sections addressing your ability to obtain information is... Read more »

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 Estate Planning, Family Law, Personal Injury and Nursing Home Abuse for Georgia on
Q: If my mother had 4 kids and 2 have not had nothing to do with her in 10 to 15 years and she excluded them out of her

Will Stated that they should not receive anything from her estate if a wrongful death suit was filed with would they Able to get something from the reward

Tim Akpinar
Tim Akpinar answered on Nov 30, 2020

A Georgia attorney could answer best, but your post remains open for four weeks. This sounds like a complex setting where an attorney might need to see how the pleadings were drafted to offer meaningful input. You could reach out to Georgia attorneys to discuss terms for a brief initial consult.... Read more »

2 Answers | Asked in Estate Planning for Georgia on
Q: My aunt died she had 3 other siblings 2 are still alive 1 has died she had a daughter is that daughter considered a heir

Also she had no kids

Nina Whitehurst
Nina Whitehurst answered on Oct 20, 2020

Yes, your aunt's daughter is considered an heir, but the matter of who inherits depends on whether she had a will. If she had a will that determines who inherits. If she did not have a will, then the laws of intestate succession apply. If your aunt was unmarried when she died then her... Read more »

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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

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... Read 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... Read more »

3 Answers | Asked in Divorce, Estate Planning and Family Law for Georgia on
Q: My husband and I divorced 10 years ago in the divorce decree we both kept our own IRA’s

He never changed me as the beneficiary am I legally able to collect?

Regina Irene Edwards
Regina Irene Edwards answered on Sep 4, 2020

No.

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2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: My grandfather’s will (1993) left his tractor to his son-in-law he got a new tractor in 1996 who can get tractor?

Is the new tractor part of the will even though it was bought after the Will was made? The older tractor was sold many years ago. The will just says tractor and has no identification number or make and model.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Aug 29, 2020

If the will says, " X gets my tractor. ", then X gets tractors owned by grandfather at his death. It doesn't matter when the tractor(s) were acquired.

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1 Answer | Asked in Estate Planning for Georgia on
Q: My mother died 20 yrs ago with no will. There is 5 other siblings.

I have lived with her at her house since the 70's. I have paid the taxes every year and taken care of the property. She passed away in 2001. Since there is no will and the other siblings will not agree. Can I do an adverse take over or color of code. Is there anything I can do since I pay the... Read more »

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

Probably not. You are going to have to open her estate and then have a battle with your siblings about who gets the house, who gets reimbursed for paying bills related to the house, who owes rent for living in the house, etc. This will be very complex litigation and could be quite costly. Be... Read more »

1 Answer | Asked in Estate Planning for Georgia on
Q: I need to know if my father passes away and I do not want to anything,land, home, he lives in pa. I live in Georgia what

What kind of documentation do I need legal aid signing off on the estate

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

You do not have to sign off on anything. You simply do not accept whatever someone is trying to give you.

2 Answers | Asked in Copyright, Estate Planning and Family Law for Georgia on
Q: My family is pressuring me to do a last will, so that if parents die and I do too, no probate. I have Intellectual Prop.

2 elderly parents, 3 siblings in all. GA. Parents are leaving real estate, investment holdings into 3 trusts for each kid. Eldest sibling is executor. Problematic relationship with the family. I have some debt, but also quarterly income from film and TV music I've written/produced for the past... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Aug 17, 2020

You would need to contact an attorney who specializes in probate matters, to include wills and trusts.

We wish you well.

-The Upshaw Law Firm, LLC. 770-240-0922.

WE ARE HERE TO SERVE!

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1 Answer | Asked in Estate Planning for Georgia on
Q: My dad named me POA in 2015.He died 2017.Is there a time limit for my brother to demand an accounting from me?
Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jul 24, 2020

Sort of, but not really. Once your father died, only the executor or administrator can demand an accounting from you. If you are the executor or administrator, he can demand an accounting of you and you would need to go back in time and account for your conduct as POA.

2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: If my folks pass away is it required for my name to be on the deed to avoid probate? Blairsville GA

My folks said they were advised by an attorney not to put my name on the deed and that Georgia law requires a property to go into probate. Basically, if there is a way to avoid probate in the state of Georgia what is the best way to go about it?

Nina Whitehurst
Nina Whitehurst answered on Jul 14, 2020

In most cases the best way is a revocable living trust, but every situation is unique and sometimes an irrevocable trust makes the most sense or some other technique altogether. Many factors need to be taken into consideration. Your best bet is to consult with an experienced estate planning or... Read more »

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2 Answers | Asked in Estate Planning for Georgia on
Q: Can I do. Living (revocable) Trust in Georgia?
Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jul 11, 2020

Yes, revocable trusts are allowed in Georgia, but they are rarely worth the money spent establishing them,. Occasionally, a client has a unique set of circumstances that makes a revocable trust proper. Make sure you see a very experienced estate planning attorney to assist you.

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2 Answers | Asked in Estate Planning, Family Law and Child Custody for Georgia on
Q: What type of attorney does she need?

I have an elderly friend who has full custody of her great grandson. She is wanting to have paperwork stating who the child should be appointed to in case of her death. She wants to appoint a non family member. Is that possible?

How can you not have a say in where the child should go.... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jun 15, 2020

It's not possible to designate who will take care of a child after a guardian's death. That is not binding. Whoever wants custody at that time will have to file something.

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1 Answer | Asked in Estate Planning, Banking and Elder Law for Georgia on
Q: Can a power of attorney include medical consultant for the person that the poa is for?
Jammie Taire
Jammie Taire answered on Jun 11, 2020

Yes. I am not clear on "medical consultant" but a power of attorney can include provisions to allow the agent to access medical records. It is also recommended that an advance directive for healthcare be completed as this will appoint an agent for healthcare decisions.

1 Answer | Asked in Estate Planning and Real Estate Law for Georgia on
Q: Probating 3 different estates, all revolving around 1 piece of property that is located in another state?

My mom's parents owned a home together in GA (w/o rights of survivorship). They had 3 kids (#1, 2, & 3). Kid #1 died in 2001 & has 3 children. My grandma then died in GA in Sept 2003, presumably leaving her half of the home to my grandpa & her children/grandkids.

Kid #2... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jun 3, 2020

First, get a lawyer to help you through this. By the time to finish with all the issues that will arise, you will find that a lawyer will save you time, and at the end of the day, money. You can only open a probate in the county where the deceased person lived. There are some rare exceptions to... Read more »

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