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Georgia Probate Questions & Answers
1 Answer | Asked in Probate for Georgia on
Q: I have 2 minor sons whose father died last year. He had life insurance and left money for both of them in their names.

The company put the money in an account for them which I cannot touch. I need access to this money for daily living expenses since I can no longer collect child support. What, if anything, can I do?

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jan 22, 2020

The companies should not have placed the money into accounts for the children. You should file for a conservatorship and claim the money. You also should be getting social security checks for the children to replace the child support. You should seek the help of a lawyer with knowledge of these... Read more »

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: My mother committed suicide in November 2019. I need help with how distribution of the estate

she wrote a letter saying she could not find her living will. We have been unsuccessful in finding it as well. She listed where her assets so go. She listed at the end that her current husband (only 9months married) is entitled to nothing and she wants him to get nothing. She has stocks, a car and... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jan 17, 2020

Because your mother died without a will, there are no considerations given for what she told others she wanted. Nor do her handwritten notes have any bearing on how her estate is to be distributed. You are required to distribute 1/3 of the estate to her spouse and divide the remaining 2/3 among... Read more »

1 Answer | Asked in Probate for Georgia on
Q: My husband passed last week; WWII vet. Will specifically excludes other relatives; I'm heir and executrix.

No estate; we have joint checking act. for Social Security, home joint tenants with survivorship, do not own car. He DID have 2 credit cards I can't pay.I'm not on them at all. Do I have to probate in Georgia due to credit cards? Thank you.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jan 16, 2020

You only have to offer the will for probate if there is property needing transfer required by a probate court order. Therefore, all you need to do is file the will with the probate court and tell the judge it is not for probate.

1 Answer | Asked in Probate for Georgia on
Q: My dad died intestate and I am the only son. What form do I file to obtain access to his safety deposit box?

We closed out bank accts with an affidavit but they will not allow us to access the safety deposit box.(we have both keys) We were told we could transfer truck title with an affidavit as well so what form do i file to just get contents of the safety deposit box?

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jan 10, 2020

There is no form. You need to file a petition to open safe deposit box for the purpose of inventorying the contents and search for a will.

1 Answer | Asked in Estate Planning, Elder Law and Probate for Georgia on
Q: I was a care taking for a lady with dementia. A lawyer has been granted conservatorship over her. I no longer care

for her, but am owed over $2000 in wages. First the lawyer told me he had to get on her account, then he said her had to put money in a conservatorship account and now he says he has to get approval from the court before he can pay me. It's been 3 months. What is the truth?

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

Everything you have been told is accurate. You can ask the lawyer for a copy of the documents he filed in court to get approval to pay you. You can also ask the probate court for a copy of the document he filed for permission to pay you.

2 Answers | Asked in Estate Planning, Family Law, Elder Law and Probate for Georgia on
Q: I was a care taking for a lady with dementia. A lawyer has been granted conservatorship over her. I no longer care

for her, but am owed over $2000 in wages. First the lawyer told me he had to get on her account, then he said her had to put money in a conservatorship account and now he says he has to get approval from the court before he can pay me. It's been 3 months. What is the truth?

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

It is difficult to provide you with an accurate answer, more information is needed. It is best to consult with an estate planning/elder law attorney who can assist you with the specifics of your case.

I 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: What form needs to be completed and signed by the heirs of a deceased parent to release their interest in real property?

the will has been filed with the courts but was not taken to probate. will named spouse as beneficiary. The real property is occupied by the spouse and she is trying to refinance but needs to have the property title put in her name as it was only in her deceased husbands name.

property... Read more »

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

You have two choices. You can probate the will and transfer the real estate to the spouse by way of the Will. You can also have the spouse file a petition for year's support and ask the court to give the house to the spouse. These are the only ways to get the property transferred to the surviving... Read more »

1 Answer | Asked in Traffic Tickets and Probate for Georgia on
Q: How long can someone stay in jail for probation violation and it's misdemeaner

He missed his probation and they got a warrant for his arrest

Melaney LaGrone
Melaney LaGrone answered on Dec 17, 2019

He can stay in jail until there is a probation revocation hearing in front of a judge. At that time the judge will determine if the person can continue on probation or if his probation will be revoked and he is sent to prison on his original charges. Always best to hire an attorney for the best... Read more »

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: My father died over 4 years ago, my sisters and I was contacted by a law firm in writing telling us to file paperwork,

with the local probate court for his house.

Has too much time passed for us to claim the home?

How long do we have to file the paperwork?

He did not have a Will and there are three of us. One of us will not be able to sign the documents the courts want us to sign until... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Dec 5, 2019

You need to consult with a probate attorney to determine your options at this point.

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Is Probate or any other process (legal or otherwise) needed when there's a notarized Last Will and no real property?

My mother passed away Thursday. She has a Last Will created and notarized in 2008, listing my brother and I as inheritors (both 18+). She lived in an assisted living facility in GA, owned personal property but no real property, and received regular deposits from SSA-Disability and State Teachers... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Dec 1, 2019

You are required to file the original will with the probate court, but not for probate. Whether you need to offer it for probate depends on the amount int eh bank account. If there is less than $10,000 in your mother's bank account, the bank should divide the money between you and your brother.... Read more »

1 Answer | Asked in Probate for Georgia on
Q: If my name was changed legally after I was married, can I amend my marriage license to reflect the name change?
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 25, 2019

Why would you want to amend the marriage ccertificate? Are you trying to amend it to your married name?

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: I am an only child.Dad's estate is approx.$25,000.No other heirs.He died intestate.Can I file Small Estate affidavit?

Dad died here at my home in Cherokee County. He has a 2007 Nissan truck in my driveway and he has 2 bank accts with about $8000 in each. That is all! No other possible heirs! No debts, no creditors! Do I have to file for Letters of Administration or can I file Small Estate?

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Nov 25, 2019

Georgia does not have a small estate affidavit. However, you can go to each bank and the bank is required to give to the heirs all sums under $10,000 in the bank. This is in accordance with O.C.G.A. 7-1-239. You will need a death certificate and you will need to sign an affidavit the bank will... Read more »

1 Answer | Asked in Probate for Georgia on
Q: I was arrested while on probation. There was no hold put on me and I was released will I be arrested for violation

Im ahead on my payments and have no previous violations

Jammie Taire
Jammie Taire answered on Nov 25, 2019

This is not a probate question. You need to post this in the criminal law section. In short, it depends. Your probation officer may choose to file a revocation. You should post this question in the criminal law section for a more thorough response.

1 Answer | Asked in Probate for Georgia on
Q: How long does a beneficiary have to file a death claim in ga
Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Nov 24, 2019

I guess that depends on who you are filing it with. You certainly should file a claim within a year of knowing that someone has passed away. I am not sure if you are asking about opening an estate in probate court, or filing a claim on a life insurance policy or countless other places where a... Read more »

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: I am an only child.Dad's estate is approx.$25,000.No other heirs.He died intestate.Can I file Small Estate affidavit?

Dad died here at my home in Cherokee County. He has a 2007 Nissan truck in my driveway and he has 2 bank accts with about $8000 in each. That is all! No other possible heirs! No debts, no creditors! Do I have to file for Letters of Administration or can I file Small Estate?

Dawn Louise Richards
Dawn Louise Richards answered on Nov 23, 2019

You may file a Petition with the court to dispense with administration. The judge will determine if there are other heirs or creditors by advertising in the county of residence or where property is located.

2 Answers | Asked in Probate for Georgia on
Q: If my dad did not leave a will is the house that he owned with my mother also the heirs home now as well? I'm Prob Admin

My dad did not leave a Will. I am the Probate Administrator now. I am going through the laws around the appropriate measures to take for my mother and three adult children. His house is in Carroll County Georgia. We were told that the house he owned with my mother is also now ours as well... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 22, 2019

The answer depends on how the house was titled. It might have been titled in both your mom's and dad's names, in which case there is a good chance that your mother is now the sole owner of the house. If it was titled in your dad's name alone, then your mother inherited a share (not less than one... Read more »

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2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: What is the easiest way to form a simple will ?

Husband and wife to have each other as beneficiaries, and one son to be sole beneficiary after both parents are deceist.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 18, 2019

It is best to consult an attorney to assist you with formation. This is the simplest and best practice.

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

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1 Answer | Asked in Probate for Georgia on
Q: What is the remedy for not being given legal notice for a hearing in probate court in Fulton county Georgia

I filed a petition for removal of administrator of an estate. When the court date was set. The court sent notice to the wrong address. The petition specified that notice should be sent to my P. O. Box, but it was sent to the listed street address. Though all other notices(i.e. medidiation,... Read more »

Jammie Taire
Jammie Taire answered on Nov 18, 2019

I would recommend that you contact the court regarding this issue immediately. Most likely, you will have to file a Motion to set aside the Order of the Court. If you bring it to the court's attention, they may vacate the order.

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: What happens if I don’t sign for the succession but everybody else did?

The lawyer we had quit before we resolved anything. I’ve been living in my mamas trailer for 2 years next month. She told me to move in her place after she wanted to get put in the nursing home. She died 4 months after I moved in. I’m still here but my siblings was to evict me when I’ve been... Read more »

Jammie Taire
Jammie Taire answered on Nov 18, 2019

Hello. You have my deepest sympathy for the loss of your mother. This is a difficult question to answer given the information provided. I am unsure if anyone has actually filed to be named as administrator or executor based on the information provided. I will assume someone has petitioned to... Read more »

1 Answer | Asked in Criminal Law and Probate for Georgia on
Q: If someone told my probate officer I moved when I haven't. How can someone get me out of jail?

I have been out of the pin for a year the third. I haven't moved still at the address I gave my probate officer. But someone told them I moved an they came an picked me up.

Jammie Taire
Jammie Taire answered on Nov 12, 2019

This question is listed in the wrong section.

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