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Georgia Probate Questions & Answers
1 Answer | Asked in Probate for Georgia on
Q: My mother passed away I'm the Executor of the will. My sister and I were the beneficiary but she is now deceased for

2yrs do I need her husband at the time of her death to sign the paper work to probate it.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Oct 16, 2019

Your sister's children would be the appropriate people to contact regarding the handling of the estate. Her husband is not an heir to your mother's estate. However, you need to determine whether the Will requires bequests to your sister to be paid to her heirs.

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Georgia on
Q: Is it standard procedure for Judge to assign an ad litem when moving to appoint a new conservator of minor's estate?

My niece (a minor) has an estate from my brother's wrongful death. Court named my dad as Trustee, and her mother as Conservator in 2007. Fast forward, mother lost parental rights 2014. Trustee been handling property last several years alone. Mother voluntarily withdraws as conservator 2019 to avoid... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Oct 3, 2019

It is not unusual for a judge to appoint a guardian ad litem under these circumstances.

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2 Answers | Asked in Divorce, Family Law, Real Estate Law and Probate for Georgia on
Q: If my spouse and I purchased a home while married, however separated but not legally, my name is not on the loan or deed

And my spouse dies before divorce, am I responsible for property?

Homer P Jordan IV
Homer P Jordan IV answered on Oct 2, 2019

The house is considered marital asset, regardless of which person's name it is in. Once you legally divorce marital asset will be divided, with the judge making the decisions after reviewing the facts of the case. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

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1 Answer | Asked in Probate for Georgia on
Q: How long does representative have to respond to damand for notice from probate court
Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Sep 29, 2019

The time to respond varies depending on the type of notice. It could be as few as 10 days or as many as 30 days.

1 Answer | Asked in Probate for Georgia on
Q: The sole member of an LLC to which I had given a deposit for landscaping work died before beginning the project. His

wife has filed a Petition for Year's Support, including the assets of the LLC in the petition. I am not listed as a creditor of the LLC, even though I have notified the LLC of the deposit owed to me. The bookeeper for the LLC tells me they intend to return my deposit (several thousand dollars),... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Sep 27, 2019

You should file an objection to the Petition for Year's Support. You also should file a claim against the estate for he money you paid the LLC.

2 Answers | Asked in Probate for Georgia on
Q: Ref to GA Code 53-2-1 does same apply to one having a will and dont want deceased son's minor childr to inhert anything

My widowed mother wants to leave her estate to me, her only living child and does not want my decease brother's minor children to have any claim to it and doesn't know how to do that.

Nina Whitehurst
Nina Whitehurst answered on Sep 23, 2019

Your mother should contact an estate planning attorney to have a will drawn up that accomplishes what your mother wants. This would also be a good opportunity for her to think about other things, such as disability planning and Medicaid pre-planning. Estate planning attorneys can help with much... Read more »

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1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: If my mother was made executor after my father's death in probate court does that mean that when she dies,she can leave

The house to only 2 children,instead of all 7? Im inGeorgia .joint tenancy with survivorship rights not printed on deed

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Sep 23, 2019

You stated that your mother was named executor of your father’s estate. That means your father had a will, and your mother is bound to deliver the property as your father requested in his will. If your father did not have a will, then your mother would be an administrator. She would have to... Read more »

1 Answer | Asked in Probate for Georgia on
Q: My mother passed away recently and my brother passed the next day. She had an account at bank in her name for him.

The acc so he can get ount read her name for his name. The money came from social security disability benefits and she paid his monthly bills with this money. He has 3 sons, one of his children is trying to go thru probate to be appointed representative (he had no will) in order to get this money.... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 20, 2019

When an account is set up like that (Name 1 for Name 2), the account is owned by Name 2 and Name 1 is just an agent, not an account owner. So if your brother is Name 2 and he has passed with no will, then the account should pass to his intestate heirs and, yes, most likely those intestate heir are... Read more »

1 Answer | Asked in Probate for Georgia on
Q: My parents revised their will after my brothers death taking him out. Can his children claim anything now?

His children were left a very large sum of money from their father. They are now questioning their fathers part which is only consisting of the home.

Nina Whitehurst
Nina Whitehurst answered on Sep 16, 2019

Nobody can claim anything under a will until the testator is deceased. When they testator dies it depends entirely on how the will is drafted.

1 Answer | Asked in Elder Law, Estate Planning and Probate for Georgia on
Q: My mom has dementia. She has not been been legally declared incomptent. She signed power of Attorney over to me in

She signed in front of a notary who read and went over what she was signing and that mom fully understood what she was signing

Homer P Jordan IV
Homer P Jordan IV answered on Sep 10, 2019

What is the legal question for us? I don't know what the question is that you are asking. Maybe you could re-write it so that the question is clear so that we can provide you with feedback. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

1 Answer | Asked in Probate for Georgia on
Q: If the testator has been placed in a nursing home, can the will be read and things be distributed to the beneficiaries.

The testator is financially sound, however the executor of the will wants to sell the house claiming the money may be needed.

Nina Whitehurst
Nina Whitehurst answered on Sep 9, 2019

Don't do that! First, the will is not effective until the testator dies, not a minute before, and then usually only after a court has probated the will and issued letters testamentary giving the executor the authority to sell and distribute the estate. If anybody has a power of attorney for the... Read more »

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: My mom died (90) I was her caregiver and live in her home with her for 29 years, she had credit debt will I loss my home
Jammie Taire
Jammie Taire answered on Sep 1, 2019

First, let me express my sincere sympathy regarding the loss of your mother. The answer to your question depends on many things and there is not enough information to provide a thorough answer. We would need to know whether your mother had a will, how the property was deeded, how much debt your... Read more »

2 Answers | Asked in Probate for Georgia on
Q: What can I do to protect my spouse that is not co-buyer on a home if i should pass away?

I have the better credit score but I don’t want my spouse to have the burden of losing or face a due-at-sale clause.. what are my options,, we are about to buy a home

Mandy Moyer
Mandy Moyer answered on Aug 29, 2019

I commend you for considering the possibility of the unanticipated and planning to protect your family from that uncertainty.

There are absolutely steps you can take to protect your spouse in the circumstance you have detailed - specifically, you can arrange to take title to the house in...
Read more »

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1 Answer | Asked in Estate Planning, Family Law and Probate for Georgia on
Q: Any cases where a judge may forego a bond when dealing with minors and conservators which are their parents? § 29-3-41

Just curious as to much this may cost as I still have to raise her.

Mandy Moyer
Mandy Moyer answered on Aug 29, 2019

I appreciate that navigating the legal system without the assistance of good legal counsel can be confusing!

To answer your question, typically no - a judge would not forgo a bond even though the minor's conservator may be his or her parent. Unfortunately, the law doesn't really permit...
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1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: What would be examples of a conservator having a financial Interest in a minor's estate?
Mandy Moyer
Mandy Moyer answered on Aug 29, 2019

Ah, yes - conservatorships can be tricky to navigate without legal counsel!

To answer your question: a potential conservator would have an interest in the minor child's estate if the minor child and the potential conservator BOTH have an interest in the same property.

For example,...
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1 Answer | Asked in Probate for Georgia on
Q: Can I be violated for not being able to pay as much money as my officer wants? I pay what I can and I done my comm. ser

I see probation 2-3 times a month. I take money on almost every occasion. Have to take off work every time. I completed 40 hr community service. I haven’t committed another offense. Today I was told I’m going to court tomorrow about payment when I just took money up the last 3 weeks in a row.... Read more »

Nina Whitehurst
Nina Whitehurst answered on Aug 26, 2019

"Probate" is the wrong category. You should repost your question under the Criminal Law category. Most probate attorneys have no clue about criminal law.

2 Answers | Asked in Real Estate Law, Land Use & Zoning, Estate Planning, Landlord - Tenant and Probate for Georgia on
Q: My grandfather inherited a house and piece of land from my great grandmother after she passed.

Yes I am getting information for my grandfather. He inherited a house and piece of land from my great grandmother when she passed. He put his soon to be ex wife on the deed and now she is leaving and packing all her stuff to leave. She just came into alot of money from her father passing. Can he... Read more »

Paula J. Mcgill
Paula J. Mcgill answered on Aug 17, 2019

Your grandfather should have consulted an attorney before she put her on the deed. If he did, he should go back to the attorney to consult with him or her.

Once you put a person's name on a deed, you can just simply remove it even if it was inherited. It was nonmarital property until he...
Read more »

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1 Answer | Asked in Probate for Georgia on
Q: I would like referral to a probate court atty in 30143

My case lasted 2 years and we settled for lots of money. I am administrator and need atty to help determine fee to petition court. I needs to be a complete as possible.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jul 30, 2019

I am not certain what you mean by hiring a lawyer to help you determine the fee to the probate court. You should be able to call the court, tell it what you are filing and it will give you the fee for the filing.

1 Answer | Asked in Criminal Law, Traffic Tickets and Probate for Georgia on
Q: My license were suspended due to FTA from a citation received in August 2017, but they weren't suspended until Feb 2017.

I was given a citation in August 2017, and missed my court date. I never received anything in the mail about court or even anything about my license being suspended a few months later. I've looked up the citation number online and it's nowhere to be found. My license was suspended February of 2018... Read more »

Ecleynne Mercy
Ecleynne Mercy answered on Jul 10, 2019

TAKE CARE OF THE FTA.... IT NOT ONLY SUSPENDED YOUR LICENSE. YOU GOT A WHOLE WARRANT. You are going to have to pay the FTA or provide a good excuse to get potential fine excused. Take care of the FTA first or be in fear of warrants. I pray this helps.

2 Answers | Asked in Criminal Law and Probate for Georgia on
Q: 5 years consecutive with 5yrs can he be revoked on 10 as a whole

Wants to revoke him on full years... When technically his secomd term has not began yet.so he zhpuld only be able to be violated and revoked on his current probation right? Not the 5 he aint even started right?

Gary Kollin
Gary Kollin answered on Jul 6, 2019

You should be consulting with his lawyer

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