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Georgia Probate Questions & Answers
1 Answer | Asked in Probate and Public Benefits for Georgia on
Q: My husband was shot in his home about a week ago. We are legally married, but we've been separated for a while now.2kids

So I would like to know we what I should do. Also am I or my children entitled anything? He did not have a will or insurance. I could really use some help and guidance. Thank you

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Aug 6, 2020

As his wife, you are entitled to 1/3 of his estate and a year's support. His children are entitled to the remaining 2/3 and if they are under 18, they are entitled to a year's support as well. The separation is a non issue. Find a lawyer specializing in probate law. Because probate law... Read more »

1 Answer | Asked in Probate for Georgia on
Q: Ex-wife died 11 yrs ago, son w/same name different middle, has petitioned to open an estate in probate on the home in

both our names. The IRS and Fannie Mae have liens on the property. Is he spinning his wheels? Can I quitclaim her off the deed?

Jammie Taire
Jammie Taire answered on Jul 28, 2020

The answer is it depends but most likely not. If the deed has language that includes "joint right of survivorship" then the property passes to you by operation of law. Unfortunately, most deeds do not include this language. If the deed does not have this language then you will need to... Read more »

1 Answer | Asked in Criminal Law and Probate for Georgia on
Q: am I entitled to a second opinion of a drug/alcohol evaluation when everything came back negative?

I had to take an evaluation because I got a public drunk charge. However, the evaluation came back negative, the evaluator told me later that I need to take some classes. Which there is no need because I feel as if they just took my money and now want to add those classes to get more money from... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jul 27, 2020

More information is needed before an accurate answer can be provided. It is best to contact an attorney who can assist you with the specifics of your case and provide you with a more detailed response.

We are glad to assist you. Contact us whenever you are ready.

We wish you well....
Read more »

2 Answers | Asked in Probate for Georgia on
Q: am I entitled to my dads money listed in my grandparents will if my dad is dead

I’m listed to receive his part of the estate but am I entitled to the money listed for him

To receive separate from that

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jul 18, 2020

Not sure I understand the question. Is there money in a bank account that has him listed as beneficiary? Did he outlive your grandparents, but then died?

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1 Answer | Asked in Bankruptcy and Probate for Georgia on
Q: Georgia, details for attempted battery ?

What is the required happenings to a victim to be considered an attempted battery?

Jammie Taire
Jammie Taire answered on Jul 17, 2020

This question should be posted in the criminal law section. Probate deals with deceased estates, guardianships, etc.

1 Answer | Asked in Probate, Criminal Law and Gov & Administrative Law for Georgia on
Q: Probation revocation and Ga covid laws

Does it state in the Ga law in regards to the new covid laws that someone who is still incarcerated almost 6 months now should be let out into the community pending there finally revocation hearing.. And we have been told that ga laws are on suspension but does the law not state the longest... Read more »

Jammie Taire
Jammie Taire answered on Jul 17, 2020

This is not a probate question. It should be posted in the criminal law section.

1 Answer | Asked in Probate for Georgia on
Q: What does probation hearing mean
Jammie Taire
Jammie Taire answered on Jul 17, 2020

This question should be posted in the criminal law section. Probate deals with estates of the deceased, guardianship, etc. On another note, if it is a probation revocation hearing, it is because there is an allegation that the terms of the probation have been violated and a hearing is set to... Read more »

2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: If my folks pass away is it required for my name to be on the deed to avoid probate? Blairsville GA

My folks said they were advised by an attorney not to put my name on the deed and that Georgia law requires a property to go into probate. Basically, if there is a way to avoid probate in the state of Georgia what is the best way to go about it?

Nina Whitehurst
Nina Whitehurst answered on Jul 14, 2020

In most cases the best way is a revocable living trust, but every situation is unique and sometimes an irrevocable trust makes the most sense or some other technique altogether. Many factors need to be taken into consideration. Your best bet is to consult with an experienced estate planning or... Read more »

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1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: In Georgia. Can my mothers home who died intestate have her house sold without going through probate?

Only name on deed of trust is hers. No husband, just three heirs.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jul 13, 2020

You mention Deed of Trust. Is the title in her name alone or in the name of her as Trustee? If the house is in her name alone, you will need to file for probate in the county where she lived. If the house is on the name of a trust, you need to see what the trust says do.

2 Answers | Asked in Probate for Georgia on
Q: I am executor of my mother's estate. I live in Savannah. Should I use lawyer from which place?

I need help looking at Mama's account and taxes. There is probably just the house and some shares in some family stock. Hopefully I will be able to use phone conferences.

Zainab Major Brown
Zainab Major Brown answered on Jul 2, 2020

My condolences to you on the passing of your mother.

I recommend your attorney be local in or near the same county as where your mother resided.

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1 Answer | Asked in Probate for Georgia on
Q: My brother passed away May 22, 2020 He had no will or power of attorney. How do we start the probate process?
Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jun 24, 2020

If your brother resided in Georgia, his wife or children need to determine if he has assets requiring a probate being opened. For instance, if he has bank accounts exceeding $10,000 or real estate then they will absolutely need to either open an estate or file for year's support (if the... Read more »

2 Answers | Asked in Criminal Law, Family Law, Domestic Violence and Probate for Georgia on
Q: Protection order placed on me by niece after my mom's death. No will and they were taking everything inheritance theft

They drained her accounts they still have her furnishings I posted a protective order on my Facebook page which they were blocked from and I was arrested for stalking is this legal

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jun 24, 2020

More information is needed before an accurate answer can be provided. It is best to contact an attorney who can assess the details of your circumstances and provide you with a tailored response.

We are glad to assist you. Contact us whenever you are ready.

We wish you well....
Read more »

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1 Answer | Asked in Probate for Georgia on
Q: My father passed away recently and his will is 20 years and 3 spouses later. And only names 2 of 3 heirs. Is it valid?

He has well over one million dollars worth of assets. And the will is only one page. It's extremely vauge to say the least. I am now being pressured to sign "acknowledgement of service..." and am unsure how to proceed.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jun 21, 2020

on the surface, nothing you said makes the will invalid. Ex-wives are excluded as though they predeceased if they appear in the will. If a child was born after the will was signed, he might still be included. You should seek legal guidance before acknowledging service and asserting to probate.

1 Answer | Asked in Probate for Georgia on
Q: My father passed away 2yrs ago, no will. My step mom put his house in her name after his death but has since vacated.

Can I contest this claim?

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jun 19, 2020

I don't have enough information to advise you. If the house was owned as joint tenants with right of survivorship, she owns the house. You are free to open an estate for your father and investigate what happened to his estate.

1 Answer | Asked in Probate for Georgia on
Q: My sister's husband Hass passed away . She received a letter from his dad's attorney to sign over estate. How do I find

What is in the estate?

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jun 8, 2020

You should never sign any document you receive without fully understanding what you are signing. You should hire a lawyer to explain to you exactly what you are signing. For this very limited purpose, a lawyer should need about 15 minutes to review what you have been given and explain it to you.... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes, Gov & Administrative Law and Probate for Georgia on
Q: Probation revocation hearing / right to speedy trail

Is it Ga law that someone is to have a revocation hearing within 60 days from the arrest date or the case is to be dismissed for lack of speedy trail as this is a violation of someone sixth amendment right, also that a person can only be held for a total of 180 days before they have to be released

David Edward Boyle
David Edward Boyle answered on Jun 5, 2020

No and no, there is no set statutory time period for a person to have a probation revocation hearing. It must be within "a reasonable time". There is no speedy trial for revocation. The 180 days to be released I believe has to do with interstate detainers not probation revocations.

1 Answer | Asked in Probate for Georgia on
Q: What info should be in # 4 in a petition for letters of administration? All children living but all not found.

3 of the 5 children found and responded. I'm trying to admend petition. Please respond

Jammie Taire
Jammie Taire answered on Jun 4, 2020

Good Evening: I am posting #4 here:

Required: [Provide sufficient factual information to enable the Court to conclude that all

of the heirs of the Decedent are included and that there are no heirs of the same or closer degree

according to O.C.G.A. § 53-2-1. Provide the...
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2 Answers | Asked in Criminal Law, Federal Crimes and Probate for Georgia on
Q: Do you work with probation violations?

My fiancé was recently arrested for probation violation. He was homeless prior to been put on probation. He was ordered to complete 100hrs of community service (Which he completed) and take anger management class which he couldn’t afford do to his living situation at the time. He requested a... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jun 3, 2020

Your circumstances are unfortunate. It is best to contact an attorney as soon as possible.

We are glad to assist you. Contact us whenever you are ready.

We wish you well.

-The Upshaw Law Firm, (770) 240-0922.

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1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Can you will a car to your wife and then to someone else after wife's death if wife had transferred title and ownership?

Man dies leaving car to his wife who then takes full ownership titling it in her name. Man also puts in will that upon wife's death his son is to have the car. If the car is legally the wife's now, is this even legitimate?? Does the son have a claim?

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jun 2, 2020

If the man willed his car to his wife, and she put the car in her name, she is free to do whatever she wishes with the car. She is not required to then pass the car along to the son.

1 Answer | Asked in Criminal Law, Probate and Small Claims for Georgia on
Q: My issues are related to probate and estate courts.

It’s extensive, so I would need more space to properly explain the issue.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jun 1, 2020

It may be best to contact an attorney who can assist you with the specifics of your case.

We will be glad to assist you. Contact us whenever you are ready.

We wish you well.

-The Upshaw Law Firm, (770) 240-0922.

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