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Georgia Probate Questions & Answers
1 Answer | Asked in Criminal Law and Probate for Georgia on
Q: Can I be convicted for flee and illuding motor vehicle with no video no
Jermario L Davis
Jermario L Davis answered on May 10, 2022

Yes. Evidence can be admitted by way of video or verbal testimony. Therefore, the officers involved in the traffic stop could simply testify to what took place (what they observed) and it would be up to the judge or jury to determine if that verbal testimony is credible. As you might imagine,... Read more »

1 Answer | Asked in Probate for Georgia on
Q: I sent a letter to the Butts County Probate Judge informing her that due to health reasons as well as fear of a family

Member I could not keep making the 1200 mile trip back and forth to decide what I could or could not have in my mothers estate. She has sent me a bill for $60.50 to file it . is that normal? She has made it obvious that she sides with my Crooked brothers that have stole my mothers property . And... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 9, 2022

After researching it, I note that Butts County is in Georgia, not Florida. Whether it is appropriate for the judge to charge you to file your letter. You should ask your question in Justia > Ask a Lawyer > Georgia; it is not a Florida question.

2 Answers | Asked in Family Law and Probate for Georgia on
Q: My father has been estranged from the family, so how do I contest a will?
Homer P Jordan IV
Homer P Jordan IV answered on May 3, 2022

Consult with an attorney who can review the facts of the case in detail to determine if you have options to explore.

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1 Answer | Asked in Probate for Georgia on
Q: Do the personal belongings of someone who lived in a house with the deceased have to go into probate?

My cousin who is mentally handicapped lived with his grandmother and was taken care of by her. She passed and now her children want to take his personal belongings and add them to the estate.

Nina Whitehurst
Nina Whitehurst answered on May 2, 2022

The personal belongings that are his do not belong in the grandmother’s estate.

1 Answer | Asked in Probate for Georgia on
Q: Ive already probated a will and the judge has signed what papers do i need to take to the courts to have the deed changd

the house was original in my wife and i name but since she has passed i have probated the will and need to know what paperwork needs to go to the courts to have just my name on the deed

Zainab Major Brown
Zainab Major Brown answered on Apr 25, 2022

The answer to this question will depend on what is stated in the Probate Court Order and also the powers stated in the will. You may be required to take additional steps before transferring the title to real estate. If so, missing these steps would affect the title.

Consult an attorney...
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1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: What happens if initials are swapped by the son of the passed deceased loved one, by their son or ex wife? In a will.

The sister was actually suppose to get property but the son swapped the names on the will

Anthony M. Avery
Anthony M. Avery answered on Apr 1, 2022

Sister needs to hire a competent GA attorney to contest the Probated Will.

1 Answer | Asked in Family Law, Child Custody, Child Support and Probate for Georgia on
Q: What petition can I file to a court that involves my mother lying on anofficial court petition? Is it illegaltolie on pe

My mother lied multiple times on a petition to take my kids. She said I abandoned my kids when I did not. She kicked me out and I let my kids stay with her to have consistency but I was there every day with them, picking them up from school and caring for them until they went to bed. And on... Read more »

Zachary Taylor Beck
Zachary Taylor Beck answered on Mar 30, 2022

This boils down to an evidentiary question. Contest your mom's allegations with your own evidence (i.e. witnesses, phone records, etc.) in court and it is up to the judge or jury to determine what is credible evidence and therefore "fact." Remember, petitions merely consist of good... Read more »

1 Answer | Asked in Probate for Georgia on
Q: Do I need a lawyer to file an objection to the petition of administration for a probate or can I file an objection. GA

8 children, 4 out of 8 were excluded in moms will. Since them one of the 4 has passed intestate with no spouse or children. So, the land and home which was shared interest 4 ways must now be divided 1/4 for the 3 in the will and 1/7 of the 1/4 for the split of the brother who passed intestate. The... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Mar 9, 2022

You do not need a lawyer to file a caveat. As I tell folks all the time, you don't need a dentist to pull a tooth either. However, I would not recommend doing either without professional help. You should locate an attorney who handles probate matters to ensure you are getting the right advice.... Read more »

1 Answer | Asked in Divorce, Estate Planning, Family Law and Probate for Georgia on
Q: What happens in a separate maintenance decree after death?

Couple was living separately for 10 years, have no children, and the decree provided ~50/50 split of assets. Does the surviving spouse still have all the rights as a primary beneficiary if the other spouse dies intestate? Next of kin are surviving siblings.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Mar 7, 2022

If a couple is living under a separate maintenance agreement when one of them dies, the couple is considered married for all purposes of inheritance. hose rights however can be altered by the terms of the separate maintenance agreement.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Georgia on
Q: Georgia resident died with a will but a property in France was not included in will. Which law applies to this property?

US citizen (Georgia resident at time of death) had a land in France. He had a will but that specific property was not included in Will. What inheritance law applies to this property? Georgia law or French law? I would appreciate if you quote the georgia law section that mentions that.

Many Thanks

Anthony M. Avery
Anthony M. Avery answered on Mar 3, 2022

The Residuary Clause of the Will includes non-devised real property. So the Residuary Beneficary owns the land. You will have to hire a French attorney to cure title there, but I am sure a certified copy of the Probated Will is necessary for ancillary administration.

2 Answers | Asked in Family Law and Probate for Georgia on
Q: A will of a person who died in 2004 has NOT been distributed to one of the heirs. How can he secure what is due?

The beneficiary was named to receive the residence of the deceased as well as 25% of the estate. The deceased died in 2004 and the administrator has refused to make distribution.

Nina Whitehurst
Nina Whitehurst answered on Mar 2, 2022

The beneficiary needs to hire an attorney to research what has happened to date in the probate case and possibly petition to have the executor removed and replaced is he or she is not doing his or her job.

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1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: My mother died 1-17-2022. I've got a petition in probate. I'm the only child. My mother never married. My judgment is

Is set 3-02-2022. My mother boyfriend won't leave. What do I need to do

Anthony M. Avery
Anthony M. Avery answered on Mar 2, 2022

After you are granted Letters of Administration, hire an attorney to prosecute the eviction process.

1 Answer | Asked in Contracts, Estate Planning and Probate for Georgia on
Q: I want to renounce my role as executor. Is there a form I need to fill out?
Bettie Carmack
Bettie Carmack answered on Feb 20, 2022

Contact the probate court in the county that appointed you executor and ask for a "Renunication of Executorship" form. They may or may not have such form. If not, please contact your local bar for an attorney referral.

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: My dad died recently owing me a personal debt of just over 8000. Do I need to file anything with his estate?

My sister has agreed to pay me, but now that we are in probate, I don't know if I should send a "bill" or not.

Jammie Taire
Jammie Taire answered on Feb 10, 2022

I would first like to extend my sympathy regarding the loss of your father. The short answer to your question is yes. You should file a claim against the estate in probate. Sending out a "bill" to your sister is not sufficient. In order to protect your claim a properly filed claim... Read more »

1 Answer | Asked in Probate for Georgia on
Q: My Dad died in June 2021. He supposedly left everything to his brother in his Will. Do I have any rights?

I never received a copy of my Dad's Will. My Dad worked his whole life and did well. My Uncle and his sons had safes, tools, a Harley, and other things cleaned out of my Dad's house before his funeral. My Uncle has been very secretive. He had my sister and I sign a piece of paper that had... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 1, 2022

There is too much missing information to answer your question. A probate attorney can help you obtain copies of all filings in the probate case and then explain to you what they mean, including anything you may have signed.

Regarding the 401k account, these are employer-based. If you know...
Read more »

1 Answer | Asked in Business Law, Employment Discrimination and Probate for Georgia on
Q: I failed to ask for ID and served a minor alcohol. There is a fine to pay. Is it me or the restaurant who is to pay?
Jammie Taire
Jammie Taire answered on Jan 30, 2022

Unfortunately you posted this in the probate section; however, you as an FYI, if you received the citation then you need to appear. You should speak to your employer regarding respoonsibility.

1 Answer | Asked in Traffic Tickets, Legal Malpractice and Probate for Georgia on
Q: Is it true georgia probate courts wont suspend a new trial motion Even after The 30 day time Limit?

Soeeding ticket in georgia. The construction zone signage do not confoRm to georgia law concerning where signs should be, the distance signage should be, cop was shooting lidar right as you come out of curve at the bottom of a hill That was more than 7% grade— ( O.C.G.A. 40-14-9)—

cop... Read more »

Jammie Taire
Jammie Taire answered on Jan 30, 2022

You would need to post this in traffic tickets. This is not a probate question. Sorry.

2 Answers | Asked in Probate for Georgia on
Q: How can I get assistance in probating an estate?
Anthony M. Avery
Anthony M. Avery answered on Jan 25, 2022

Hire a competent GA attorney. Start by contacting the GA lawyers on this site.

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2 Answers | Asked in Family Law, Real Estate Law and Probate for Georgia on
Q: What can I do to make my sisters pay me my portion of our deceased fathers home ?

my father committed suicide and my two sisters and myself are all three equally inherited the house and are on the deed but my sister refuses to give my third one of the property and she was renting it out but now she has moved into herself full time ... and at first just blowed me off and now... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 5, 2022

You will probably have to hire a competent GA attorney to file an action for a Sale For Partition.

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2 Answers | Asked in Family Law, Domestic Violence, Legal Malpractice and Probate for Georgia on
Q: Please help me understand . I'm preparing for divorce and in my research online I come to find shocking documents.

Two marriage licence applied for 10 years apart are on the probate record on in 2011 when we married at the court house . The other issued Jan 21 2020 I had no knowledge or part in at all ? What can I do to unravel his mess of fraud , deception and abuse ?

Michael D. Birchmore
Michael D. Birchmore answered on Jan 4, 2022

Clearly, you need to meet with a family law attorney to help you figure out what is going on.

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