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Georgia Probate Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Can I get the mortgage amount and renovations cost from the estate of my deceased parents?

This is property that I inherited with 2 siblings back in 2016 after my parents death. I paid off the mortgage in full and did 30k of exterior renovations. We are currently in the process of selling the property and I would like to get back 2/3 of the mortgage and renovations off the sale of the... Read more »

James Clifton
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James Clifton
answered on Jan 28, 2023

If you and your siblings cannot agree regarding the reimbursement, this will be a question that must be presented to the probate court. You would present your case as a subsequent creditor of the estate for estate debts incurred and seek reimbursement. The documentation you have will be helpful in... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Georgia on
Q: Mom no will two sons one made himself executor and house and car in his name and took all insurance money. What to do?

She died 5 years ago. They had a mediation and one brother bought out the other lawyer. Now they want to take the house the car and everything. And the one that lived with her is is disabled. They said in mediation that he agreed to everything but he did not. What can we do

Seth Meyerson
Seth Meyerson
answered on Jan 20, 2023

See an estate lawyer in Georgia for help. Presumably, a court has appointed an executor. If you have a problem with how an executor is handling an estate, the usual first step is to demand an accounting of the estate.

3 Answers | Asked in Real Estate Law and Probate for Georgia on
Q: I am the sole beneficiary of my grandfathers estate as listed in his will from 1988. How do I obtain an original copy?

My Uncle was the executor until I turned 18! I am now 50! How do I gain possession?

Seth Meyerson
Seth Meyerson
answered on Jan 19, 2023

If the will was probated, then it should be in the files of the Probate Court of the County where your grandfather lived when he died. This is a public record, and the Probate Court should provide you with a copy of this for a small charge.

If the estate was never closed, then you can...
Read more »

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1 Answer | Asked in Estate Planning, Probate and Wrongful Death for Georgia on
Q: What happens to my recently deceased husbands part of an inheritance left to him in his moms will when she passes away?

My husband recently passed.His mom is now about to pass away.We’ve a minor child together& I have a minor daughter he raised. Ive 2 living adult stepkids both with children & 1 deceased stepchild who left behind 3 kids ( all minors) & a widow. My husband & I were married over 10... Read more »

Seth Meyerson
Seth Meyerson
answered on Jan 15, 2023

Your husband has predeceased his mother. What happens to husbands' inheritance will be controlled by the specific terms of the will.

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Deed transfer in revocable living trust. Should it be in the trustee's name (me) or successor trustee?

I just had a revocable living trust made with me as the trustee & grantor. Next step is the deed. The legal office isn't helping me with the deed. Told me to either do the deed transfer in my name or my successor trustee. To avoid probate in GA, which is better?

Seth Meyerson
Seth Meyerson
answered on Jan 15, 2023

Property should be deeded to the current trustee for the revocable trust. Doing this properly (assuming everything else is correct) should avoid the need for probate with respect to the property as the successor trustee will be able to take charge.

1 Answer | Asked in Probate for Georgia on
Q: I was left as beneficiary on a cargo trailer my fiancé obtained before his passing last year ..is it mine??

It is tagged and titled in my name and the administrator of the estate is saying I stole it

Seth Meyerson
Seth Meyerson
answered on Jan 15, 2023

If the title of the trailer is in your name, then the trailer is not in the estate. If this happened without your action, then not theft.

1 Answer | Asked in Appeals / Appellate Law and Probate for Georgia on
Q: How long do I have to file an appeal on a probate judge's decision
Seth Meyerson
Seth Meyerson
answered on Jan 15, 2023

You have 30 days from the date of the order to file a notice of appeal on a probate Judge's decision.

1 Answer | Asked in Probate for Georgia on
Q: What are the benefits/disadvantages of filing for Year Support after the death of a spouse?

If all assets were joint with spouse, is there a benefit to filing for Year Support?

Seth Meyerson
Seth Meyerson
answered on Jan 15, 2023

A year's support claim can include property tax avoidance for one year. If there are assets that are in decedent's name those can be claimed in a years support. If the surviving spouse already has title to all the assets, then years support will not be of use.

1 Answer | Asked in Probate for Georgia on
Q: Probate question - Do heirs named in a will and will states they are to receive nothing stll have to be notified?

Probate question - State of Georgia, Fulton County - Heirs have been estranged from decedent for 25+ years

Seth Meyerson
Seth Meyerson
answered on Jan 15, 2023

Only if they are lawful heirs. Lawful heirs are those who would inherit if there was no will at all.

2 Answers | Asked in Estate Planning, Personal Injury, Probate, Wrongful Death and Workers' Compensation for Georgia on
Q: Would an estate exist if there wasn’t a will?

My dad was killed at his job and we won the wrongful death case(meaning my mom sister and myself) rather the total be spilt between the 3 of us. My mom sat back an estate fund after that she split it 3 ways. My dad had no bills house paid for everything in his name was paid in full and clear. So my... Read more »

Michael Richard Moebes
Michael Richard Moebes
answered on Jan 1, 2023

I’m not sure I understand the question, but if he was killed at work, workers’ comp benefits were paid as was required by law; it doesn’t sound like a case to be “won” necessarily (comp is “no fault) but just paid as the Act says to. Whether he had bills or debt isn’t relevant.

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1 Answer | Asked in Probate for Georgia on
Q: If a Judge has issued in order in probate court that can harm beneficiaries or heirs can I file a petition to Stay/halt

Can I file a motion or petition to stay or halt all proceedings until they rule on the Will? My cousin died 30 days aft mother & inherited her estate. Family members probated a fraudulent will. Judge is allowing administrator to distribute property which could belong to a beneficiary of the... Read more »

Robert W. Hughes Jr.
PREMIUM
Robert W. Hughes Jr.
answered on Dec 20, 2022

If a will has been admitted to probate, and you object, you have two options. If the court is not an expanded jurisdiction court, you can appeal the decision to the superior court in the county where the probate court is located. You must file the appeal within 30 days of the order admitting the... Read more »

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: I am the administrator over my mom’s estate in GA. How do I get a court order to evict someone from the property?

I need to get into the home to do inventory and to account for all contents before distributing assets to the heirs. I have a problem with an in-law who still lives in the home and refuses to allow access to any of the heirs to get into the home. Do I file an eviction notice against the in-law as... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Dec 15, 2022

Hire a competent GA attorney now. The house may not be part of the Estate, and if not, the Heirs own it and a Partition Action may be needed, so a Title Search is necessary. With Letters of Administration you have authority to file the eviction action if the house is an Estate Asset, and can... Read more »

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Can I find out what the executor has spent of my will
Nina Whitehurst
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Nina Whitehurst
answered on Dec 14, 2022

Yes you are entitled to that information. Look in the probate court files for interim and final accountings. If there are none, hire an attorney to help you remove and replace the executor.

1 Answer | Asked in Probate for Georgia on
Q: I am an adult. My mother passed and dad wants all children to sign a paper giving him all legal rights to everything mom

Had. No will. In Georgia I thought everything goes to spouse when mom passes. Why do we have to sign a paper giving up our rights?

Robert W. Hughes Jr.
PREMIUM
Robert W. Hughes Jr.
answered on Dec 5, 2022

In Georgia, a spouse is entitled to no less than 1/3 of an estate with the remainder going to the children. In addition, the spouse can file for year's support and ask for whatever they want. You are not required to sign any papers related to the probate of your mother's estate.

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.

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