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Georgia Probate Questions & Answers
1 Answer | Asked in Probate for Georgia on
Q: Mother passed in May with a will. Do we need to probate before selling her house?

She has sole ownership, and the house has a reverse mortgage. According to HUD the house must be sold. She has about $10,000 in debts. She has an IRA that my brother is the beneficiary. He is transferring it to his name as an inherited IRA. No other assets. I am her daughter and the executor of... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 4, 2022

From your facts, obviously Probate will not help the Heirs at all. And it does not appear that you have anything to gain by cooperating in the Sale.

1 Answer | Asked in Probate for Georgia on
Q: DOES MY DECEASED SISTER’S HUSBAND HAVE RIGHTS TO OCCUPY MY MOTHER’S HOME WHO IS CURRENTLY ALSO DECEASED?

MY MOM PASSED AWAY IN 2006 IN THE STATE OF GA, WHO HAD NO SURVIVING SPOUSE. I AM ONE OF 4 OF MOTHER’S CHILDREN. BUT MY SISTER PASSED AWAY IN 2017, WHO WAS MARRIED WHEN SHE PASSED. MY MOM HAD NO WILL BUT OWNED A HOME WHICH IS BEING OCCUPIED BY MY SISTER’S HUSBAND SINCE HER DEATH. REAL... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 21, 2022

The Administrator has standing to file suit for possession. You may want to look into a suit for a Sale for Partition.

1 Answer | Asked in Probate for Georgia on
Q: Can I use attorney in Georgia for probate in Virginia? I am executor and live in GA but probate in VA.

I am already appointed by Fairfax County court as executor but I need help from attorney and don’t know if I can get one in Georgia where I live or if they have to be in Virginia. Thanks.

Robert W. Hughes Jr.
PREMIUM
Robert W. Hughes Jr.
answered on Sep 14, 2022

You should contact a Virginia lawyer. I would recommend Deb Matthews at 703-548-3699.

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: My father died in 2009 a Will suddenly filed in Georgia probat court Aug. 8 2022. We are not sure if the will is legal.

It there a statue of limitation of a will being filed in Georgia probate court.

Janelle Johnson
Janelle Johnson
answered on Aug 31, 2022

If you're questioning the validity of the will, it sounds like you're interested in contesting the will. The statute of limitations to contest will depend on the type of probate brought by the executor or interested person. If it's common form probate, then an heir has up to 4 years... Read more »

1 Answer | Asked in Probate for Georgia on
Q: In the state of Georgia is there a statue of limitation for a will to be File in probate court
Janelle Johnson
Janelle Johnson
answered on Aug 30, 2022

Under GA Code 53-5-3, a will shall not be offered for probate following the expiration of five years from the latest date on which a petition is filed for: (1) The appointment of a personal representative of the decedent's estate; or (2) An order that no administration is necessary on the... Read more »

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Georgia Probate Question no one seems to have an answer to regarding beneficiary serving as a witness on a codicil

Ga Code 53-4-23a (2020) says

a. If a subscribing witness is also a beneficiary under the will, the witness shall be competent; but the testamentary gift to the witness shall be void unless there are at least two other subscribing witnesses to the will who are not beneficiaries under the... Read more »

Janelle Johnson
Janelle Johnson
answered on Aug 30, 2022

This is more so an issue if there is a challenge to the will. As a matter of law, the bequest would be void.

1 Answer | Asked in Probate for Georgia on
Q: What is the proper way to contest or challenge a fraudulent will filed in Solemn form?
Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Jul 10, 2022

To challenge a Will, one must file a caveat, or objection.

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Georgia on
Q: If my mother dies and she named me in her will to receive her house, do I have to go through probate?
Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Jul 7, 2022

Whether probate is necessary depends on how your mother has the house titled at her death.

1 Answer | Asked in Probate for Georgia on
Q: Hello my uncle passed away and wanted to leave his house and property to me. His widow is also willing to sign it over

...it over to me. The property is still in his name only and I don't not think there are any liens in the property. It is in the state of Georgia. My question is am I able to do the proper paperwork on my own?

Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Jul 4, 2022

No, when you are dealing with real estate and property owned by a decedent, you should always have an attorney who practices in this area handle the matter.

1 Answer | Asked in Probate for Georgia on
Q: What do I do if someone is not following a second probate judge order when the first time she did t do anything
Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Jul 2, 2022

Hello, unfortunately, I am unclear who "she" is, whether she is the judge, or whether she is the non-compliant party. If the latter, judge's can enforce their orders by contempt. It depends on the issue what the judge may do.

2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: Do I have to pay the mortgage on an inherited house if I put it in a trust?

I am the sole person, listed as beneficiary & awarded in probate court.

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jun 17, 2022

You don’t HAVE to pay the mortgage, but if you don’t the lender will foreclose and you will lose the house. Putting it in a trust will not change this reality. If it did everyone would do it.

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1 Answer | Asked in Family Law and Probate for Georgia on
Q: Can an administrator decide how much to give an heir?
Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Jun 11, 2022

No, the administrator must distribute the estate in accordance with the law or order of the court.

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
PREMIUM
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...
Read more »

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
PREMIUM
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.
PREMIUM
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 »

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