Ask a Question

Get free answers to your Probate legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Georgia Probate Questions & Answers
1 Answer | Asked in Probate for Georgia on
Q: I have objected to a Petition for Year's Support. A hearing has been scheduled but I don't know what to expect

I don't know what is expected of me and I don't know what to expect. I have no access to proof or evidence because I have not been allowed in my father's home since he has passed.

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Aug 26, 2021

You should have been conducting discovery in order to prove that the year's support is unwarranted. This will be a real trial sort of like you see on TV. You really ought to have a lawyer although at this point, it might be too late.

1 Answer | Asked in Probate for Georgia on
Q: Mother Died , My sister produces a bogus will saying sister got everything, I file a Caveat, Now sister dies

Mother Died , My sister produces a bogus will saying sister got everything, I file a Caveat, No outcome to my Caveat yet will has not been probated Now sister dies, what happens now?? My sister has a son If my Caveat Fails and the will she presented gets probated, would the court have to throw... View More

Regina Irene Edwards
PREMIUM
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 24, 2021

You need to consult with a probate attorney.

1 Answer | Asked in Probate for Georgia on
Q: Mom passed 4 years ago step dad passed away yesterday the house was in both names mom had 4 kids and 2 step kids?
Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Aug 21, 2021

Hopefully your moms estate was opened years ago. If not, need to open Dad's estate, then Mom's estate. Tuttle of property will determine who gets what.

2 Answers | Asked in Probate for Georgia on
Q: i took are of an elderly man i lived in his house for 3 yrs then he passed away last week i still live in house what are
Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 18, 2021

I hate to be the bearer of bad news but unless you had a lease or he left the house to you in his will or trust or some other means, you have no right to continue to stay there.

View More Answers

1 Answer | Asked in Probate for Georgia on
Q: My P.O. drug screened me after the judge ruled that i would not have to submit to screening while on probation.

I am on probation for an accident with injures. The judge ruled that i may keep my 4th amendment.

Joshua Schiffer
Joshua Schiffer
answered on Aug 17, 2021

IT comes down to the very specific facts of the plea, as probation officers often have the discretion to require screens even without a 4th Amendment waiver.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Georgia on
Q: How would I get my nephew out of my house? He has been living with my parents who recently died the house is in my name.

Living there on and off for a year and has mail come there.

Homer P Jordan IV
Homer P Jordan IV
answered on Jul 20, 2021

If it’s legally your house then you can have him evicted. You will need to go the legal route to do so.

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Looking for the Georgia code concerning inheritance of an only child. without probation of a will.

Need the code which states an only child must provide three affidavits stating the person is indeed an only child

Michael D. Birchmore
Michael D. Birchmore
answered on Jun 25, 2021

Not saying you will find it, but the Probate section of the Official Code of Georgia Annotated (OCGA) can be found here:

https://law.justia.com/codes/georgia/2019/

2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: Can my Father keep a check written to him from my brother who passed away on 11/7/20. Check dated 11/6/20

My brother didn't have a will. He was still legally married, but his wife moved out of their home in 2015. My father moved in to physically care for him in 2016, due to declining health. I began helping him manage his small trucking business. He had me write the check and sign his name,... View More

Homer P Jordan IV
Homer P Jordan IV
answered on Jun 24, 2021

Who is “she” that you are referring to? The ex who left him in 2015? Your question is a little confusing. You may want to consult with attorney who can review the facts and provide you with guidance.

View More Answers

1 Answer | Asked in Probate for Georgia on
Q: Is there a way to get an inventory list if the will mentions O.C.G.A 53-7-33? Is there a way around it?

My father in law died, leaving my husband everything and naming him the executor to his will too.

My husband died before he could finish the probate process. Our children (Minors) are now the heirs but the new executor won't tell us what's there. We have repeatedly asked for an... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Jun 21, 2021

You did not mention whether your children are adults or minors. If adults, they need to file a petition for settlement of accounts with the probate court that issued letters. You probably should consult with an attorney specializing in probate work for assistance.

1 Answer | Asked in Estate Planning, Family Law and Probate for Georgia on
Q: Once a ward was granted an emergency conservatorship is it legal to close all wards accounts

Prior to them consulting the ward. Law states that 60 days after appointed over ward either by hand delivered or date stamped mail they are to sit with ward listen to them & inventory assets. They have not even contacted ward & 60 days are up however she closed all the accounts leaving... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Jun 14, 2021

yes as to closing accounts. Call conservator and make an appointment for ward to visit. Share your concerns at that meeting. Get a budget established. If all else fails, contact probate court.

1 Answer | Asked in Probate for Georgia on
Q: I was my sister-in-law payee. I need to pay her bills but bank closed account. What do I do to pay her bills?

She only has about $1500 in account. She needs to pay her soc sec back, her cable, phone and water bill. She may also have medical bills left. Hoping her $1500 will cover it. But the bank said I need to go through probate in order to allow the bank to pay the bills. What if she has passed... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Jun 14, 2021

Sounds like you need to apply for guardianship and conservatorship.

1 Answer | Asked in Child Custody and Probate for Georgia on
Q: My sons grandma has temp guardianship, it was to help me until I got back on my feet she now refuses to give him back

I have my own house my own car , I have a job I’m able to provide. She’s being spiteful and doesn’t want to give him back to me. She manipulated me into all of this & then once I figured out what she was doing I asked her if I could have my son back. And she told me that I needed to have... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Jun 14, 2021

Given that you have described this person as you did, the best advice that I can provide is that you should retain an attorney to assist you in this matter.

1 Answer | Asked in Probate for Georgia on
Q: I have lived with my boyfriend almost 16 years he died 2 weeks ago without a will

The land was in his and his brothers name the home his only he was legally still married but separated for over 25 yrs. He wanted me to always have a home here for long as I wanted if he died. Can his family kick me out and things we bought while together do I have to let them take it all

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Jun 11, 2021

Depending on how the land was held with his brother, the land now belongs to the brother or still remains in your boyfriend's name. Without a will from your boyfriend leaving you property, you will not inherit anything. Further, whomever does inherit will be able to evict you from the... View More

1 Answer | Asked in Probate for Georgia on
Q: Can a property not in deceased name be resurveyed back into estate during will probate?

My grandparents gave my dad 1.5 acres out of 38+ acres in Georgia 40+ years ago. It has been in his name since, and he has paid the taxes. The remaining property belonged to grandparents.

My grandmother, who had survived my grandfather, died in January. My uncle is telling my dad that he is... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Jun 3, 2021

If a deed was given to your father for the 1.5 acres, then it is your father's land. You should have a real estate lawyer run title on the land to ensure your father owns what he thinks he owns.

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: If it states in a will that my father wished to bequest nothing to me do i still get anything by law in Georgia?

My father passed in feb and my sister came up with a new will after 20 yrs of the old one being in place back in dec do i get anything and how do i find out if that will my sister has is real or not.

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor
answered on Jun 1, 2021

If she tries to get the will admitted for probate, you can attempt to contest it, if you have valid reasons to believe he was under duress or not competent when it was executed.

1 Answer | Asked in Probate for Georgia on
Q: If heirs of a property (children) all have died, what portion does each grandchildren inherit

We own 110 acres in Georgia. All of the original heirs of this intestate estate have died. My cousins (10 in number) want to claim an equal amount per person of the the entire estate. With thr total number of grandchildren grtting an equal share. Me and my brothers pay a larger sum per person for... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 31, 2021

You should hire a competent GA attorney to search the title determine Heirship, possibly generating an Affidavit. If the owners cannot aggree, then an Action for a Partition Sale may be necessary.

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Are adopted siblings entitled to a deceased parent's estate after they were awarded back to the State before legal age?
Homer P Jordan IV
Homer P Jordan IV
answered on May 27, 2021

It would be wise to consult with an attorney who can review the facts of your case in detail and provide you with guidance. We would need to know more about this case in order to provide you with guidance

1 Answer | Asked in Probate for Georgia on
Q: Probate Court Gordon County

I filled this Caveat with Gordon County probate Court I did this with information from the internet .. My mother died my evil sister made her sign a will all it said is everything is my sisters .. My mom would have never done this , A\ll the family members agree and have exabits in what I filled...... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on May 26, 2021

First, a computer cannot contain an original will. It might contain a copy of an original will, but an original will is the actual one signed by your mother. As for your other questions, it takes a lot of evidence to overcome a will. You will need an attorney to make your case for you. These cases... View More

2 Answers | Asked in Divorce and Probate for Georgia on
Q: Is husband entitled to ex's settlement?

My husband's exwife filed some sort of medical claim or lawsuit while they were married. It is finally settled and she is just now getting compensation for it. Is he entitled to any of that?We are not really wanting any of it, however she has spent the last 2 years threatening to take him back... View More

Regina Irene Edwards
PREMIUM
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 18, 2021

He has no claim on her settlement. Tell him to just ignore her. If they don't have any children together, there is no reason for them to communicate.

View More Answers

1 Answer | Asked in Probate for Georgia on
Q: Life insurance on daughter who suddenly passed away. What "estate" paperwork does ins co need me to file?

Her deceased grandfather (my father) had taken out the $100,000 policy. She had less than $1000 to her name. My ex-wife had to file a small estate (?) because the hospital was billing her. My daughter was 31 years old and passed away last December.

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 4, 2021

Usually a life insurance policy has a designated death beneficiary, and all the beneficiary has to do is provide the life insurance company with a death certificate and the beneficiary's own contact information and identification.

If the primary beneficiary was not living when the...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.