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Georgia Estate Planning Questions & Answers
2 Answers | Asked in Family Law, Estate Planning and Probate for Georgia on
Q: When my father died my mother said that the most recent will was lose and could not be located.will was drawn up in 2004

So she probated a will from 1984 .which gave her everything .we the children didn't get any inheritance from my father's estate .now my mother has made my sister remainderman of a trust .basically making it where I get noughing from my father's estate .my sister already had land... View More

John Michael Frick
John Michael Frick
answered on Jun 26, 2023

Whether it is worthwhile to pursue depends on the size of the estate. If it is a multi-million dollar estate, it is probably worthwhile to consult a probate litigator in or near the county where your father's estate was probated.

A key piece evidence is that 2004 will that your...
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1 Answer | Asked in Estate Planning, Family Law and Probate for Georgia on
Q: As Co-Trustee, does Trust have to pay dad's medical bill just received for services 13 months ago? It's not last illness

State of Georgia. My dad passed 10/2022. Last illness diagnosed 9/2022. Hospital Bill in question dated 6/2023 for outpatient CT scan 5/2022.

Additionally, when can I close out Trust account and pay out inheritance?

How long do we have to wait for bills to come in?

Thank you

James Clifton
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James Clifton
answered on Jun 25, 2023

You need an attorney to review the trust to clear up the below assumptions. If the trust was a revocable trust with your father as a lifetime beneficiary, the trust is responsible for all debts of your father. The trust does not act as an asset protection device. If the trust was not created by... View More

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: My estranged husband died last week. His three kids, also estranged, have taken over his house and won't give me a key.

They are dividing all his things

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Jun 24, 2023

Estranged? I assume you are still married? Was a divorce or legal separation pending? The answers to these questions s determine your rights.

Assuming you are married and no pending legal action, you are entitled to petition the probate court to open an estate. You are entitled to one-third...
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2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: My deceased mother is named as a beneficiary in my grandfather's will. They are three other siblings named as well.

Who gets my mother's part

James Clifton
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James Clifton
answered on Jun 19, 2023

It depends on the specific language contained in the will. If your grandfather's will states that his children receive the inheritance per stirpes, then the children of your mother would receive her share in equal parts. If the language in your grandfather's will states that his children... View More

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2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: My deceased mother is named as a beneficiary in my grandfather's will. They are three other siblings named as well.

Who gets my mother's part

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Jun 19, 2023

It depends on how the Will is written and whether your mother died before your grandfather. If your mother outlived your grandfather and the will is a standard will leaving everything to the four children, then your mother's will dictates who inherits her share. If your mother did not have a... View More

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1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Two months after my husband died, his will was destroyed in a house fire. The house was in my husbands name. What is the

easiest way to transfer the deed.The house is paid for.There are no other heirs.

James Clifton
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James Clifton
answered on Jun 18, 2023

First, check to see if the deed was held as joint tenants with right of survivorship. If it was, the property passes to you outside of probate. You will need to file an affidavit showing that your husband has passed away and title to the property vests in you. If the deed was not joint tenancy with... View More

1 Answer | Asked in Estate Planning for Georgia on
Q: duty of an administrator when the court has granted all powers, bonds are waived, statements waived, and reports waived

Is filing with the court still required, do creditors have to be paid?

James Clifton
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James Clifton
answered on Jun 14, 2023

Those waivers only relieve the administrator from filing the specific reports and bonds. It does not mean that creditors can be ignored if the creditors claim is timely filed or if the administrator had notice of the debt of the deceased person. If the administrator fails to pay a claim or known... View More

2 Answers | Asked in Elder Law, Probate and Estate Planning for Georgia on
Q: How do I prove an executor is stealing from the estate?

I requested an accounting of my aunts estate from exec. I got a vague list of transactions and no inventory of the estate. Executor failed to provide inventory or estate value. Executor diverted estate funds to offshore acct in Canada Also withdrew estate funds 300k for 7 days stating that bank... View More

James Clifton
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James Clifton
answered on May 14, 2023

You will need to file a formal Petition for Inventory and Accounting. If you are dissatisfied with what is produced, you can challenge the accuracy of the inventory and accounting provided in the pending probate case. You can also request that a new executor be appointed if there is evidence that... View More

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1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: My father died in a Knoxville nursing home Aug. 2021. He owned no assets and a Will. Can I file Small Estate Affidavit?

Clerk told me since I have his Will and I'm named as Executor that I have to file for full Probate Administration. I have researched TCA 30-4-103, and in my opinion, a Small Estate should suffice. I am a lawyer, but not licensed. I have an appointment with Chancery Court to file next Monday... View More

Anthony M. Avery
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answered on May 11, 2023

Small Estate Affidavits are for $50K or less of personal property. If no assets, why file Probate, especially in Knox County? If any other County has jurisdiction, go there if the Estate must be Probated. With Knox County, you will not want to Probate unless it is necessary. And if the... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Georgia on
Q: Giving half ownership to in-law. They are living in half of house we are in the other half. We want some additional term

We want additional terms for inheritance for kids. Also how to make everything legal and pay any taxes.

Anthony M. Avery
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answered on May 9, 2023

That will be a Future Interests Deed, which requires a very competent GA attorney to draft an enforceable conveyance. It could also be accomplished through a Trust with Future Interest terms. It will be important to declare who will take the property if the conditions are breached. You will... View More

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: My husband's cousin died by suicide. She lived in Atlanta,, GA. Her beneficiaries on her life insurance policy were her

My husband's cousin died by suicide. She lived in Atlanta,, GA. Her beneficiaries on her life insurance policy were her mom and his mom. Both are deceased. Her mom died a little over a year ago. Does my husband have any claim to the policy because he's his mother heir? Thank you.

James Clifton
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James Clifton
answered on Apr 28, 2023

If the cousin's mother and your husband's mother both died prior to the cousin's death, then the insurance would pass to the cousin's estate either by will or to her heirs if she had no will. If the cousin's mom or your husband's mom were alive at the time of the... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Georgia on
Q: Mother is 92, assisted living, signed life estate deed, Can we sell prop while she lives for her benefit?

Deed was signed against my desire. Brother and I are remaindermen. we have 3 other siblings. so i want to divide the remainder 5 ways, not 2.but first use for mothers care. Next, we will have to sort thru tax consequences.

James Clifton
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James Clifton
answered on Apr 12, 2023

Yes, you can sell the property, but she will have to join in the signing as her life estate as well as your remainder interests have to be transferred to the purchaser. If she is mentally unable to sign, then hopefully someone has a durable financial power of attorney for her so they can sign on... View More

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: How do I ask the courts to impose an emergency freeze on an estate I'm a named beneficial in?
Seth Meyerson
Seth Meyerson
answered on Apr 3, 2023

If your issue is the bank accounts of the decedent, then let the relevant banks know the decedent has died. Do this in writing as well as in person or on the phone. This should freeze these accounts. If you need to get someone accountable for managing the estate, probate the estate yourself, seek... View More

3 Answers | Asked in Estate Planning and Probate for Georgia on
Q: Will an attorney defer payment while they petition for the removal of an executor and be paid from the estate afterwards
Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Apr 2, 2023

It is possible. Every attorney charges different fees. Some collect fees before beginning work. Others collect at the end. Some charge contingency fees. Others bill hourly and dome charge a flat fee.

It will depend on the size and liquidity of an estate. For instance, if the estate is s...
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1 Answer | Asked in Family Law, Estate Planning and Probate for Georgia on
Q: Is my nephew entitled to any of his biological father’s estate if he was adopted by his stepfather?

My nephew’s biological father passed away recently. His name was never on the birth certificate. My nephew was adopted by his stepfather at about the age of three. Does my nephew have any legal rights to any of his biological father’s estate. Also, is he responsible for any financial... View More

Seth Meyerson
Seth Meyerson
answered on Mar 24, 2023

In Georgia, adoption generally terminates the legal relationship between a child and their biological parents, including any rights to an inheritance from the biological parents' estates.

This means that if your nephew was legally adopted by his stepfather, he likely would not be...
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2 Answers | Asked in Family Law, Probate and Estate Planning for Georgia on
Q: My son's father, my ex husband died unexpectedly 1 week ago, he was married again and she has refused to inform my son o

Of any life insurance, will, etc. she has forbidden my son any contact with her and didn't include his opinion on funeral planning. My son is 31, does he have rights to anything.

Seth Meyerson
Seth Meyerson
answered on Mar 24, 2023

I'm sorry to hear about your situation. In order to determine your son's rights in this situation, it would be best to consult with an attorney who is knowledgeable about probate law and estate planning in the state of Georgia.

Generally speaking, if your ex-husband had a valid...
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1 Answer | Asked in Estate Planning for Georgia on
Q: I was denied rights to my inheritance because I was not legitimated.
Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Mar 10, 2023

The laws concerning inheritance and whether you are an heir are very confusing. Legitimation is not required by law, but you have to be able to prove you are a child of the deceased, either through DNA testing or some other accepted means of proving your heirship. If you have already had a trial... View More

1 Answer | Asked in Estate Planning for Georgia on
Q: Is the executor of an estate (my brother)required by law to ask us how we want property divided or can he do it alone

He refuses to communicate with me does he have to by law as executor of our mother's estate. There are 4 of us . I ask questions so he refuses to send me emails on whats going on.

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Feb 24, 2023

Unfortunately, it all depends on what the Will says do and how much discretionary authority the Will gives him. Without reading the will, I cannot answer the question. However, you have the ability to file a Petition for Settlement of Accounts after he has been in charge for 6 months. This will... View More

2 Answers | Asked in Family Law, Estate Planning, Banking and Elder Law for Georgia on
Q: Banks legal liability by allowing spouse to write checks on my fathers checking account that had no co-owner or POD.

My mother and father had multiple joint Banking accounts. My father for some reason kept this one personal checking account as him being the only owner. He developed dementia in his last years of life and tardive dyskinesia secondary to the side effects of a neuroleptic drug (Zyprexia).

My... View More

James L. Arrasmith
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answered on Mar 2, 2023

The bank may be held liable for allowing your mother to write checks on your father's personal checking account without proper authority, such as power of attorney or joint ownership. However, liability would depend on the specific facts of the case and applicable state law. It may be worth... View More

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2 Answers | Asked in Family Law, Estate Planning, Banking and Elder Law for Georgia on
Q: Banks legal liability by allowing spouse to write checks on my fathers checking account that had no co-owner or POD.

My mother and father had multiple joint Banking accounts. My father for some reason kept this one personal checking account as him being the only owner. He developed dementia in his last years of life and tardive dyskinesia secondary to the side effects of a neuroleptic drug (Zyprexia).

My... View More

Seth Meyerson
Seth Meyerson
answered on Feb 21, 2023

Will names your sister as "guardian." Perhaps you mean executor? I think I would be more worried about what is in your father and mother's estate and how to get your fair share of this, rather than weather or not you can sue a bank.

See or call a Georgia Estate attorney.

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