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Georgia Estate Planning Questions & Answers
2 Answers | Asked in Estate Planning for Georgia on
Q: what is the charge for a revocable trust and will?
Nina Whitehurst
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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... View 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... View More

Nina Whitehurst
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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... View More

Nina Whitehurst
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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... View 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... View More

Ellaretha Coleman
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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,... View More

Nina Whitehurst
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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... View 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... View 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... View 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.... View 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
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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... View 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... View 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... View 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
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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... View 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... View More

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