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Georgia Estate Planning Questions & Answers
3 Answers | Asked in Divorce, Estate Planning and Family Law for Georgia on
Q: I was married 30 years and divorced and told to take my things and leave

i bought all the equiptment to care for 22 acres and did all repairs to the house

I was given a letter to list everthing I wanted to take with me. that was because I asked to put my name on the house

Regina Irene Edwards
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answered on Jun 16, 2018

You should not leave the home. You should consult with an experienced family law attorney to weigh your options. It does not matter if your name is on the home, it is a marital home and you should remain unless advised by your attorney otherwise.

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1 Answer | Asked in Estate Planning for Georgia on
Q: If a trustee is appointed over a child whom inherits a home, who pays the taxes for the home until the child reaches age
John W. Chambers Jr
John W. Chambers Jr
answered on Jun 9, 2018

I assume you mean that there is a trust, the home is a trust asset, and the child is a beneficiary of the trust. An attorney would have to review the trust and know what other assets are in the trust to determine the answer to your question. I recommend that you consult an estate planning... View More

2 Answers | Asked in Elder Law and Estate Planning for Georgia on
Q: My mom is my dad's POA, can she sign an updated will for him as his POA?
Regina Irene Edwards
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answered on Jun 7, 2018

This is a trusts / estates question. Please post in that forum.

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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

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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
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answered on May 11, 2018

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

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2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: My trustee refuses to talk to me and im the main beneficiary of my fathers will but have been given nothing! Help!!!
P. Justin Thrailkill
P. Justin Thrailkill
answered on May 4, 2018

Talk to a local attorney. I don't know how to help you because I need more information than what you've provided.

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1 Answer | Asked in Estate Planning for Georgia on
Q: How can life ins. Be part of estate

Will states devise and bequeath all my property both real and personal, tangible and intangible, wherever located, and of any nature whatsoever, including any lapsed or void legacy or devise to my children. ONLY one beneficiary in life ins policy.

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

Generally, if a life insurance policy has a designated beneficiary and the beneficiary survives the insured person, the policy proceeds would be paid to the designated beneficiary. In such event, the proceeds would not be part of the probate estate and not pass under the terms of the will. On the... View More

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Dad's Will - Probating Question

My dad passed away a week ago. The wife of 4 years, immediately quit talking to me. When I started asking this week for the will, she messaged me back "Don't ever contact me again." I contacted the lawyer & obtained a copy of the will which leaves me and the wife executors of the... View More

Kim Ebert
Kim Ebert
answered on Apr 20, 2018

Probate of a Will is different than acting as executor although an executor usually submits the Will to probate and performs the duties required by law. Georgia law provides that persons acting under the color of a POA have a fiduciary duty to the person whom executed the POA. Your situation is... View More

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: My stepmother passed away in Nov. 2018 intestate. My father was the sole heir. He passed away in Mar 2018 intestate.

He had not had an opportunity to get the home put into his name as it was in her name only, so does it still become part of his estate as part of his inheritance since he passed 4 months AFTER she did?

John W. Chambers Jr
John W. Chambers Jr
answered on Apr 7, 2018

You state that your stepmother died intestate (i.e., without a will). You further indicate that your father survived her and was her sole heir. (This would mean that your stepmother did not have any descendants who survived her.) Assuming this to be the case, then your father would inherit her... View More

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: My father passed away October 19th I am the sole beneficiary and the executor of his will. He left a home in Tampa.

My brother is refusing to move out what can I do

John W. Chambers Jr
John W. Chambers Jr
answered on Apr 5, 2018

You do not mention where your father was domiciled at the time of his death. Also, you do not state whether you have received letters testamentary from the probate court of the county in which he was domiciled. In any event, if your father owned property in Florida and you want to have your... View More

1 Answer | Asked in Family Law and Estate Planning for Georgia on
Q: My father is very sick with metastatic brain cancer. Questions regarding Will.

My father's wife of 4 years took him to see a lawyer last week & had a Will done which included her 2 children (whom I have never met) and her children's spouses. My sister & I are also included per the wife though I have not received a copy of the Will as promised. Problem: My... View More

P. Justin Thrailkill
P. Justin Thrailkill
answered on Mar 27, 2018

Talk to a local attorney about your options. There probably is nothing you can do until your father passes and the will is offered for probate. The will should not affect any life insurance policies that exist.

1 Answer | Asked in Elder Law and Estate Planning for Georgia on
Q: POA sold home that was willed to my husband, two months before owner passed? who gets the money from the sale?

My husband was willed this mothers home. The POA decided to sell the home (so the money could be used to take care of the owner) and the owner passed less than two months later. Who should received the money from the selling of the home? The owner passed away in SC, but the property is in GA.

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Mar 26, 2018

If the power of attorney was properly using the POA, then the money derived from the sale of the home will pass in accordance with the Will or the laws of intestacy. The money does not flow to the person who was left the home in the will.

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: I have a friend that recently loss her 20 yr old daughter and needs proof that she has ownership of her belongings.

Can she obtain anything from the courts to show she is currently the next of kin and has rights to her daughters belongings? Daughter has always lived with her mother until death. Her daughter had no kids and was never married.

Ben F Meek III
Ben F Meek III
answered on Mar 24, 2018

Most states have small estate affidavits or affidavits of heirship (they go by different names in different places) by which an heir can swear to certain facts, including whom the decedent’s heirs are. Persons holding property or funds of the decedent are entitled to rely on such affidavits and... View More

1 Answer | Asked in Estate Planning for Georgia on
Q: If a will mentions official code of Georgia 53-12-232 what does that mean?
Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Mar 17, 2018

Generally it means that the executor has been given broad powers to settle the estate. Included in these Powers is an ability to sell property without consent of the Court, borrow money for the estate as necessary, and other things along these lines.

1 Answer | Asked in Estate Planning, Family Law, Probate and Small Claims for Georgia on
Q: My husband died 2 years ago, he had a storage unit of his personal belongings, I pay monthly but can't get the access in

If I let go the storage unit and let them put in auction, can his only son sue me for the items in his storage unit? His son didn't want to have anything to do with his father's personal belongings in that storage unit but his son also refuses to sign the letter of testamentary in order... View More

P. Justin Thrailkill
P. Justin Thrailkill
answered on Mar 14, 2018

If you haven't been named the administrator/executor of the estate then you have no obligation to the estate. That said, you can probate the estate even if the son won't sign. You just need to get him served with the papers by sheriff or private process server. I'd encourage you... View More

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: My father is concerned that he will be responsible for debts of my deceased mother. His name was not on them. In GA

The only thing her name was on with him was their home which he will continue to live in.

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Mar 12, 2018

In Georgia, you are only responsible for debts you incur. Your father will not be responsible for debts of his wife unless he signed making himself obligated for them.

1 Answer | Asked in Estate Planning, Family Law and Probate for Georgia on
Q: My mother died. Do the children receive the personal possessions bought prior to her remarriage?

The children are from a prior marriage. The children are grown. There is no will. She lived in Georgia. She remarried about 8 or so years ago. The new husband says that us taking the possessions from prior to their marriage is stealing. I'm not completely positive, but I thought I read that if... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Mar 6, 2018

Once gifts are given and accepted, the giver retains no fight in the property. The recipient's will dictates how her property passes at her death. Without a will, the spouse of the deceased shares the estate with the decedent's children. Personal property is treated like all other... View More

1 Answer | Asked in Estate Planning for Georgia on
Q: What can I do to receive my trust fund, when the executor of the trust will not give me what is stated in the will?

My grandfather is the executor of my great grandmother's will. I was to receive my trust when I was 25 I am now 26 and still do not have what was willed to me. I have access to a copy of the will. He lives in another state and i am unsure how to proceed.

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Mar 6, 2018

Generally, I would expect the state where your great grandmother executed the trust to be the home state. You probably need to locate an attorney in that state to help you. If you prefer not to do that, you should consult with an attorney and make sure your reading of the will/trust is accurate.... View More

1 Answer | Asked in Estate Planning for Georgia on
Q: “By this Deed irrevocably appointed for the purpose,or,at the election of the Trustee”

This is a quote from a inter vivos trust deed. Would “irrevocably appointed” indicate that the trust is a irrevocable or revocable trust?

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

There is not enough information to answer your question.

1 Answer | Asked in Probate and Estate Planning for Georgia on
Q: My husband is currently in jail and received a visit from a lawyer his mother sent. He refused to sign the papers.

The papers were dealing with his fathers death that occurred Oct 31, 2017. What should be done on my husbands behalf in order to see what the papers where.

P. Justin Thrailkill
P. Justin Thrailkill
answered on Feb 27, 2018

Contact the attorney and ask him to forward them to you. He may or may not. Sounds like probate docs.

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