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Georgia Probate Questions & Answers
1 Answer | Asked in Criminal Law and Probate for Georgia on
Q: Can a probation case that was already closed be reopened and re evaluated by lawyers if it was mishandled in the past

I just want some advice because i was a first offender and i got put on probation for 30 years and have had to pay fees i cannot afford and never will be able to afford to a place that no longer exists. I was 17 at the time and the person who did the acts was 15 so they charged me instead. I would... View More

Robbie Levin
Robbie Levin
answered on Sep 23, 2020

You can file a Motion to Terminate Probation. I would recommend talking to a lawyer to better evaluate your chances for early termination.

For more information visit my website at www.LevinLawyerGa.com

Robbie@LevinLawyerGa.com

1 Answer | Asked in Federal Crimes and Probate for Georgia on
Q: I was arrested and given felonies in GA but i used first offenders and have completed probation. Will it show up

on a backround check

Robbie Levin
Robbie Levin
answered on Sep 19, 2020

You need to make sure the discharge paperwork was completed and filed.

For more information visit my website at www.LevinLawyerGa.com

1 Answer | Asked in Probate for Georgia on
Q: Mom passed away in Florida ,I live in Georgia, no beneficiaries on bank accounts can I probate from Ga. To have access
Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Sep 12, 2020

Only if your mother did not own property in Florida xan you open an estate in Georgia.

1 Answer | Asked in Probate for Georgia on
Q: Will probate

My father made a will 1 year before he died. The will is going to one of his friends. He mentioned mY brother on the will as a listed child; however, he didn’t mention me at all! Does it worth it to object on this will?

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Sep 6, 2020

You will need to ask an attorney from the state where your father was living when he died. In Georgia, the only way for an omitted child to get back in a will is if the child can prove the parent thought the child was dead.

1 Answer | Asked in Probate for Georgia on
Q: My father recently died intestate (without a will). He had multiple IRA's with beneficiaries listed as myself

and my brother. However, my brother also died intestate and had no kids, and died months before my father. Would the amount of money left to my brother be given to me, or my mother since she is still living? My mother has been divorced from my father since 2002. We live in Georgia.

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Sep 1, 2020

If you are listed as beneficiary, then you are entitled to your share of the accounts on which you are a beneficiary. Whether the listing of your brother as a beneficiary and he died before your means his heirs get the money or you get the money depends on the wording of the beneficiary statement.... View More

1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: Probating a Will for ownership of properties in multiple counties, what happens if it isn't done in one county?

A husband and wife own retail property in Cobb Co and reside in Paulding. The husband dies and leaves his half ownership to his son. The will was probated in Paulding for the home. Searching property records, the deceased husband is still listed as owner on the Cobb commercial building. Does this... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Aug 29, 2020

You probate a will only in the county where the deceased lived. Once you probate the will, the executor then transfers the real estate wherever it is in Georgia to the designated beneficiaries. Until that is done, the executor still has work to do.

2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: My grandfather’s will (1993) left his tractor to his son-in-law he got a new tractor in 1996 who can get tractor?

Is the new tractor part of the will even though it was bought after the Will was made? The older tractor was sold many years ago. The will just says tractor and has no identification number or make and model.

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Aug 29, 2020

If the will says, " X gets my tractor. ", then X gets tractors owned by grandfather at his death. It doesn't matter when the tractor(s) were acquired.

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1 Answer | Asked in Family Law, Real Estate Law and Probate for Georgia on
Q: I'm the executor of my uncle's will in Louisiana and when he did his will, it indicated, so I thought that anything not

mentioned in the will would be handled legally by me. He lost 2 of his tax records in a flood and died before I realized that those properties weren't included on the will. Now my attorney is telling me I have to contact his siblings and their children inorder to GIFT the properties to whom... View More

Homer P Jordan IV
Homer P Jordan IV
answered on Aug 26, 2020

It sounds as though you are working with an attorney. That person has all the details of your case, so it would probably be a good idea to take the person’s advice. If you don’t feel that you are getting good guidance with that attorney then you may want to see about working with a new one.... View More

1 Answer | Asked in Family Law, Real Estate Law, Landlord - Tenant and Probate for Georgia on
Q: Step mother won't leave property stepson owns. She has been served eviction notice. case cont'd

State of ga. Landlord not notified until day of court Dispute over quit claim deed h

recorded in clerk records back in Feb 2020. Dad died may 2020. sueing estate of dad she's temp admin of for reversal of quit claim deed suit came after evict notice.can she adverse possess? How can she be removed.

Homer P Jordan IV
Homer P Jordan IV
answered on Aug 13, 2020

There is a hold on evictions in the state at this time due to the pandemic. It was recently extended once again. You may want to read about here: https://www.fox5atlanta.com/news/georgia-issues-3rd-covid-19-related-evictions-hold

-Homer P. Jordan IV, Esq. 404-620-1558

1 Answer | Asked in Probate and Public Benefits for Georgia on
Q: My husband was shot in his home about a week ago. We are legally married, but we've been separated for a while now.2kids

So I would like to know we what I should do. Also am I or my children entitled anything? He did not have a will or insurance. I could really use some help and guidance. Thank you

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Aug 6, 2020

As his wife, you are entitled to 1/3 of his estate and a year's support. His children are entitled to the remaining 2/3 and if they are under 18, they are entitled to a year's support as well. The separation is a non issue. Find a lawyer specializing in probate law. Because probate law... View More

1 Answer | Asked in Probate for Georgia on
Q: Ex-wife died 11 yrs ago, son w/same name different middle, has petitioned to open an estate in probate on the home in

both our names. The IRS and Fannie Mae have liens on the property. Is he spinning his wheels? Can I quitclaim her off the deed?

Jammie Taire
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answered on Jul 28, 2020

The answer is it depends but most likely not. If the deed has language that includes "joint right of survivorship" then the property passes to you by operation of law. Unfortunately, most deeds do not include this language. If the deed does not have this language then you will need to... View More

1 Answer | Asked in Criminal Law and Probate for Georgia on
Q: am I entitled to a second opinion of a drug/alcohol evaluation when everything came back negative?

I had to take an evaluation because I got a public drunk charge. However, the evaluation came back negative, the evaluator told me later that I need to take some classes. Which there is no need because I feel as if they just took my money and now want to add those classes to get more money from... View More

Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Jul 27, 2020

More information is needed before an accurate answer can be provided. It is best to contact an attorney who can assist you with the specifics of your case and provide you with a more detailed response.

We are glad to assist you. Contact us whenever you are ready.

We wish you well....
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2 Answers | Asked in Probate for Georgia on
Q: am I entitled to my dads money listed in my grandparents will if my dad is dead

I’m listed to receive his part of the estate but am I entitled to the money listed for him

To receive separate from that

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Jul 18, 2020

Not sure I understand the question. Is there money in a bank account that has him listed as beneficiary? Did he outlive your grandparents, but then died?

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1 Answer | Asked in Bankruptcy and Probate for Georgia on
Q: Georgia, details for attempted battery ?

What is the required happenings to a victim to be considered an attempted battery?

Jammie Taire
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answered on Jul 17, 2020

This question should be posted in the criminal law section. Probate deals with deceased estates, guardianships, etc.

1 Answer | Asked in Probate, Criminal Law and Gov & Administrative Law for Georgia on
Q: Probation revocation and Ga covid laws

Does it state in the Ga law in regards to the new covid laws that someone who is still incarcerated almost 6 months now should be let out into the community pending there finally revocation hearing.. And we have been told that ga laws are on suspension but does the law not state the longest... View More

Jammie Taire
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answered on Jul 17, 2020

This is not a probate question. It should be posted in the criminal law section.

1 Answer | Asked in Probate for Georgia on
Q: What does probation hearing mean
Jammie Taire
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answered on Jul 17, 2020

This question should be posted in the criminal law section. Probate deals with estates of the deceased, guardianship, etc. On another note, if it is a probation revocation hearing, it is because there is an allegation that the terms of the probation have been violated and a hearing is set to... View More

2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: If my folks pass away is it required for my name to be on the deed to avoid probate? Blairsville GA

My folks said they were advised by an attorney not to put my name on the deed and that Georgia law requires a property to go into probate. Basically, if there is a way to avoid probate in the state of Georgia what is the best way to go about it?

Nina Whitehurst
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answered on Jul 14, 2020

In most cases the best way is a revocable living trust, but every situation is unique and sometimes an irrevocable trust makes the most sense or some other technique altogether. Many factors need to be taken into consideration. Your best bet is to consult with an experienced estate planning or... View More

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1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: In Georgia. Can my mothers home who died intestate have her house sold without going through probate?

Only name on deed of trust is hers. No husband, just three heirs.

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Jul 13, 2020

You mention Deed of Trust. Is the title in her name alone or in the name of her as Trustee? If the house is in her name alone, you will need to file for probate in the county where she lived. If the house is on the name of a trust, you need to see what the trust says do.

2 Answers | Asked in Probate for Georgia on
Q: I am executor of my mother's estate. I live in Savannah. Should I use lawyer from which place?

I need help looking at Mama's account and taxes. There is probably just the house and some shares in some family stock. Hopefully I will be able to use phone conferences.

Zainab Major Brown
Zainab Major Brown
answered on Jul 2, 2020

My condolences to you on the passing of your mother.

I recommend your attorney be local in or near the same county as where your mother resided.

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1 Answer | Asked in Probate for Georgia on
Q: My brother passed away May 22, 2020 He had no will or power of attorney. How do we start the probate process?
Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Jun 24, 2020

If your brother resided in Georgia, his wife or children need to determine if he has assets requiring a probate being opened. For instance, if he has bank accounts exceeding $10,000 or real estate then they will absolutely need to either open an estate or file for year's support (if the... View More

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