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Georgia Estate Planning Questions & Answers
2 Answers | Asked in Estate Planning, Personal Injury, Probate, Wrongful Death and Workers' Compensation for Georgia on
Q: Would an estate exist if there wasn’t a will?

My dad was killed at his job and we won the wrongful death case(meaning my mom sister and myself) rather the total be spilt between the 3 of us. My mom sat back an estate fund after that she split it 3 ways. My dad had no bills house paid for everything in his name was paid in full and clear. So my... View More

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Jan 2, 2023

Whenever someone does and at person owns real property, an estate must be opened in most cases. There can be a couple of exceptions. Wrongful death proceeds generally are payable to the heirs with a small sum of the money payable to the estate to cover final expenses of the deceased person. If... View More

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1 Answer | Asked in Consumer Law, Contracts, Estate Planning and Family Law for Georgia on
Q: I'm in Georgia. I am suing a large Bank as my FBO Trustee. The actual person was incompetent & milked account for 7 year

Refused to release a small portion 5 years ago for a house purchase. Psychological harm, then they invest the money and refused to honor my wishes to take profits and then set it aside for home purchase when the trust would expire 12/31/22. The amount in fees was about 40% of the start amount.... View More

John Michael Frick
John Michael Frick
answered on Dec 30, 2022

I am not a Georgia lawyer and you absolutely should consult a Georgia attorney with your situation. But, ordinarily, things like refusing to honor your wishes to release funds for the mortgage, etc. aren't good claims against a trustee by a beneficiary. A Settlor puts money into a trust for... View More

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: I am the administrator over my mom’s estate in GA. How do I get a court order to evict someone from the property?

I need to get into the home to do inventory and to account for all contents before distributing assets to the heirs. I have a problem with an in-law who still lives in the home and refuses to allow access to any of the heirs to get into the home. Do I file an eviction notice against the in-law as... View More

Anthony M. Avery
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answered on Dec 15, 2022

Hire a competent GA attorney now. The house may not be part of the Estate, and if not, the Heirs own it and a Partition Action may be needed, so a Title Search is necessary. With Letters of Administration you have authority to file the eviction action if the house is an Estate Asset, and can... View More

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Can I find out what the executor has spent of my will
Nina Whitehurst
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answered on Dec 14, 2022

Yes you are entitled to that information. Look in the probate court files for interim and final accountings. If there are none, hire an attorney to help you remove and replace the executor.

3 Answers | Asked in Estate Planning and Family Law for Georgia on
Q: Father-in-law has will naming his 4 children as beneficiaries.

Father-in-law said, according to his Georgia attorney, my husband's portion could not be left to me (spouse) should he predecease his father. It could only go to his remaining 3 children or progeny of me and my husband. Is this true? My husband told his father he would want me to receive... View More

Nina Whitehurst
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answered on Nov 18, 2022

You father-in-law's money is his money and he can leave it to anybody he wants. He could disinherit all of his children and leave it all to charity if he wanted to. So, yes, your father in law can choose to disinherit his son and all of his son's relations (including you) if his son... View More

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2 Answers | Asked in Banking, Elder Law and Estate Planning for Georgia on
Q: Bro & I have POA for 93 yr old Mom.He takes her $. Mom has to sell house to pay for care. Where put $ keep from him?

She is in asst livg. He uses credit card for her meds etc & 4 himself & checks from her SS. I live diff state. Property val near $1 m. All her cash is gone, for her care. What vehicle to use for sale proceeds ensure safety of $?

Nina Whitehurst
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answered on Mar 21, 2024

If your brother is stealing from your mother, you might need to file a petition to have yourself appointed as your mother‘s conservator. Then, as conservator, you can sue your brother for the funds he stole. And, as conservator, you will have the sole right to manage her financial affairs going... View More

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1 Answer | Asked in Estate Planning for Georgia on
Q: If my spouse has died and my name isn't on the deed, only theirs, how can I get the deed transferred to me?

Outside of death certificate, what forms do i need to fill out?

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Jan 5, 2024

Generally speaking, you have to open an estate to transfer real estate. However, you must share the estate with your spouse's children after paying all debts of your spouse. You could also file for a Year's Support.

2 Answers | Asked in Estate Planning and Real Estate Law for Georgia on
Q: A devise of “any interest “to Ga. real estate titled in corporation where he was sole shareholder.Valid?
Anthony M. Avery
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answered on Dec 12, 2023

No, worthless. No legal description, no recording information, and real property is conveyed by deed not a contract term.

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1 Answer | Asked in Landlord - Tenant, Estate Planning and Elder Law for Georgia on
Q: If a tenant gets arrested for a felony of domestic violence and false imprisonment is that automatic grounds for evictio

She was already way behind on rent and had broken the rental agreement...

Anthony M. Avery
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answered on Oct 30, 2023

Obviously there are already grounds for breach of lease contract and the owner can sue for possession now.

1 Answer | Asked in Estate Planning and Family Law for Georgia on
Q: Hello. Can you tell me if an executor can transfer a property that is in an llc to a person? Thanks

I was just curious to see if my uncles executor can sign a house that his wife is living in over to my mother in the state of Georgia? My mother is her caretaker and she is the beneficiary of the will. The house is in an llc. Thankyou

T. Augustus Claus
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answered on Oct 2, 2023

Generally, the ability of an executor to transfer property held in an LLC depends on the operating agreement of the LLC and the terms of the will. It's essential to review these documents to determine the authority granted to the executor in such transactions.

2 Answers | Asked in Estate Planning, Real Estate Law, Agricultural Law and Intellectual Property for Georgia on
Q: I found unclaimed misc property what's are my steps to take to properly claim this
James Clifton
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James Clifton
answered on Aug 1, 2023

You will need to register for an account with the Georgia Department of Revenue. After verification, you will be able to submit a claim through the online portal for unclaimed property. If you need assistance, schedule a free consultation.

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1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: I live in georgia and I just needed to know how long one has to contest a will???
James Clifton
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James Clifton
answered on Jul 15, 2023

If the will is probated in solemn form, the heirs have 30 days to contest it. If the will is probated in common form, the heirs have 4 years to contest it. If probate has not been filed, then the time for contesting a will has not started and is extended until probate is filed.

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: will solemn form, i am only living child, two brothers died had children do they get anything if im only one on will
Tim Akpinar
Tim Akpinar
answered on Jul 15, 2023

A Georgia attorney could advise best, but your question remains open for three weeks. It looks like this question got overlooked under the general "Uncategorized" heading. Some questions on this forum don't receive responses, but you could try reposting under "Probate" and... View More

1 Answer | Asked in Estate Planning for Georgia on
Q: Is this worded correctly? Decedent was not married at the time of death and had one child, xxxx, Dob.

Filling out statement of for no administration necessary

T. Augustus Claus
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answered on Jul 14, 2023

Yes, the sentence is correctly worded. It states that the decedent was not married at the time of death and had one child, specifying the child's name and date of birth.

1 Answer | Asked in Estate Planning for Georgia on
Q: I have a revocable living trust. My wife passed away and left and insurance policy made out to my trust. The check is in
James Clifton
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James Clifton
answered on Jul 12, 2023

The check should have been made out to your trust. If it was not, you need to contact the insurance company to have the check reissued. If you need more information, schedule a free consultation.

1 Answer | Asked in Estate Planning for Georgia on
Q: is affidavit of heirship the same as small estate affidavit?
Anthony M. Avery
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answered on Jun 30, 2023

No. One determines heirship ownership of real property. The other is fast, easy Probate proceedings for small estates.

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: If deceased has no debt what does executor do
T. Augustus Claus
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answered on Jun 29, 2023

If the deceased has no debts, the executor's main tasks would typically involve gathering and distributing the assets to the beneficiaries according to the will or intestate succession laws, paying any final expenses, and filing the necessary paperwork with the probate court to close the estate.

1 Answer | Asked in Estate Planning for Georgia on
Q: In georgia I am giving power of attorney. Who and all I have to give power of attorney copy so my agent can sell house

I heard that I have to give a copy to local land records office( called the clerk of superior court in georgia ) to be able to sell a real estate property by my agent . Does the principle have to be present at local land records office while giving the copy of power of attorney to them

James Clifton
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James Clifton
answered on Jun 13, 2023

The real estate closing attorney will record the power of attorney for you. They will also verify your identity and the enforceability of the power of attorney. You will not need to be present at the time of recording or at the time of closing.

1 Answer | Asked in Estate Planning, Family Law and Elder Law for Georgia on
Q: As conservator for my father upon his passing, how many years back can I collect commission on his passing?

My father had dementia, we went to court for emergency guardianship and conservatorship. At the start I was conservator and another family member was guardian. Six months later I was also appointed guardian. They were many legal issues due to him having a spouse who was contesting everything. Lots... View More

Seth Meyerson
Seth Meyerson
answered on May 23, 2023

This is a complex issue. Get a Georgia Guardianship/conservatorship attorney. The money you save will be your own.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Georgia on
Q: Mom passed. Dad's selling the house. What rights do I have as her sole heir with no will?

Dad says that I am required to sign a form to give him permission to a sell the house. What are my rights currently? What rights am I signing away? The items in the house are sentimental, am I allowed to keep any of those items as keepsake?

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on May 17, 2023

Georgia law provides that a spouse and children share equally in the estate. If you are the only child, you are entitled to one half of the estate.

Your father had a right to file for year's support which could result in him receiving all property.

You should consult with a...
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