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: Should my brother pay back rent to the estate? He’s been living in my deceased grandparents home for over two years.

My brother has been living off my grandparents for several years. When they passed away, they did not leave the house to him. The will states that their assets be divided 50/50 among my brother and myself, including the house in which he’s continued to live in for free. He’s paid no rent to the... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Apr 30, 2020

It is very difficult to give you an answer to a question that is pending in court right now. You and your brother have all sent lots of papers to the court to review. You posted a simple question here. Rent may well be owed, but it will be offset by repairs and additions to the house that... View More

2 Answers | Asked in Probate for Georgia on
Q: Can I buy my grandparents home that’s in probate court if my brother can’t come up with the money?

We are currently awaiting a court date. My brother is living in the home, has done some work on the home and refuses to pay me half the value of the home. The will states that our grandfather’s assets be divided evenly among my brother and myself. I’m thinking of purchasing the home if he... View More

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 29, 2020

This depends somewhat on how the will is worded. If the will requires the sale of the home and division of the proceeds, then that is what needs to happen. You can be the buyer with court approval.

If the will just says you each get half, then when the probate is completed you two will...
View More

View More Answers

2 Answers | Asked in Real Estate Law and Probate for Georgia on
Q: My mom just passed away. Her bf has taken over the house. Its in her name. What do i do???

I am on disability and cant afford a lawyer. What can i do?? Her bf kicked my brother out. I live 4 hours away.

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 25, 2020

Hire a probate attorney. Many are willing to be paid out of the assets of the estate.

View More Answers

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Georgia on
Q: I am in need of a lawyer to help me probate my grandmothers estate she left a will and I am not sure what to do next

My grandmother was murdered 2 weeks ago I was finally able to bury her yesterday. I have her testament and would like to know what my next steps are. I am here in Puerto Rico now but I live in Atlanta, GA. I need an attorney here who will help me probate this estate, access her accounts and sell my... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Apr 21, 2020

Offering a will for probate and administering the estate when you are not local can be very difficult. We would be happy to assist you with the issues you discussed in your question. There are many good law firms around the Atlanta area, but you want to locate one that specializes in probate... View More

2 Answers | Asked in Probate for Georgia on
Q: My father died a year ago, now my stepmother is dying. Neither had or has a will. The deed was in her name...

They weremarried for 25 years. Will I inherit anything. She has no relatives except a nephew.

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 14, 2020

Most likely, no, you will not inherit anything from your stepmother unless you were adopted by her. Absent a will, your stepmother's estate will go to her next of kin in accordance with the laws of intestate succession in Georgia, which probably means the nephew if he is her nearest relative.

View More Answers

1 Answer | Asked in Probate for Georgia on
Q: My mother paid my father's funeral expenses. Is it okay according to GA law to repay her before the estate is settled?

Father died without a will in November 2019

I'm the administrator of my father's estate

My parents were divorced when my father died, so my mother isn't considered an heir

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

Yes, funeral expenses are a first line expense. You should be able to repay those now without waiting any longer.

1 Answer | Asked in Criminal Law and Probate for Georgia on
Q: I know in jails you get 2 for 1. But what about detention centers. He got 180 days. Can he get out early. Like is there

Any good credits ? Or will he serve the whole 180 days. He almost served half of his sentence already. I know GDOC is releasing early due to cornovirus. But nothing has been said about detention centers yet.

Sean McIlhinney
PREMIUM
Sean McIlhinney
answered on Apr 6, 2020

I do not know if the Detention Center is or is not going to release your loved one early whether it be for good behavior, 2 for 1, overcrowdedness, or the Coronavirus.

I would suggest calling the Detention Center and asking what their release policy is and if they are going to release...
View More

1 Answer | Asked in Criminal Law, Nursing Home Abuse, Probate and Public Benefits for Georgia on
Q: When someone is sentenced by a judge to 180 days in probation detention center. Will that person serve the whole 180?
Sean McIlhinney
PREMIUM
Sean McIlhinney
answered on Apr 5, 2020

Good question.

The answer it really depends on which jurisdiction the case is in. Some jails do 2 for 1 credit and some calculate jail time day for day. Also, because of the Coronavirus some jails are releasing persons jailed for less serious non violent crimes early.

Please...
View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Georgia on
Q: aunt dies inGeorgia with a will and husband passed 10 years before her without a will. KY land never, change to her.

The property deed half ownership is still in uncles name,(intestate )50% and split with two nephews. Aunt never transferred in her name, died, who inherits Uncles half?Aunt had a will, but again never change ownership. Help please do l need to probate her 1/3 rights? Or passes to the nephews upon... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Apr 4, 2020

If your aunt died in Georgia, you will need to open an estate in Georgia. You will then need to contact a KY lawyer to help with transferring the KY land. You may have to open your uncle's estate in the county where he died as well.

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Who is the owner of a bank account of an intestate person that has added the daughter to sign checks?
Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Mar 31, 2020

As your question is worded, it is the estate. As is probably the case, it is the daughter. Most banks add the new signer on as an account owner. Therefore, if she is an account owner, the money is hers. If however, the bank truly added her as having signatory power, but not ownership, then the... View More

2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: My divorced brother passed away and the beneficiaries for his life insurance were his minor children (in GA).....

I understand the court typically assigns the remaining parent as the custodian/manager of the children's life insurance policy. What if you would like to contest this b/c we are extremely concerned that the parent will spend the money left for the children's college and/or future needs... View More

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Mar 31, 2020

Typically in divorce cases, the final divorce decree requires the parties to maintain life insurance policies for the benefit of the minor children if one parent dies while the children are still minors. This is so that the children can still be financially provided for while they are minors. If... View More

View More Answers

2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: My divorced brother passed away and the beneficiaries for his life insurance were his minor children (in GA).....

I understand the court typically assigns the remaining parent as the custodian/manager of the children's life insurance policy. What if you would like to contest this b/c we are extremely concerned that the parent will spend the money left for the children's college and/or future needs... View More

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Mar 30, 2020

Typically in divorce cases, the final divorce decree requires the parties to maintain life insurance policies for the benefit of the minor children if one parent dies while the children are still minors. If that is the case, there is not a way to now alter the beneficiary designation, unless the... View More

View More Answers

1 Answer | Asked in Probate for Georgia on
Q: Probation violation , technicality.
Jammie Taire
PREMIUM
Jammie Taire pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2020

This is a criminal law question and not enough information provided.

1 Answer | Asked in Probate for Georgia on
Q: DeKalb Co Georgia probate: How does Executor account for a car in a Will given away when the owner was still alive?

I'm an executor for a Will in DeKalb County Georgia, for my late sister. She left her late-model car to a nephew in her will, but verbally gave him to him before her death; her title and registration were already signed but he then signed it over to a friend in another state. The title was... View More

Jammie Taire
PREMIUM
Jammie Taire pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 21, 2020

This is something that happens often. If she did not own the asset at the time of her death then you do not need to account for it.

1 Answer | Asked in Probate for Georgia on
Q: I have been on unsupervised probation and the other day I get a call saying that he was my new probation officer

I need to come see him what could be wrong if I'm on unsupervised why would he be calling me in

Jammie Taire
PREMIUM
Jammie Taire pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 21, 2020

This question should be under criminal law.

3 Answers | Asked in Estate Planning and Probate for Georgia on
Q: Can parent give inherited house to one child that has never lived nor contributed anything to over another child that

Contributed to financially and took care of parent for years; sidelining her own life to do so. Can one child have that favor?

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Mar 21, 2020

Yes.

View More Answers

1 Answer | Asked in Probate for Georgia on
Q: I never took the oath does this invalidate my appt?
Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Mar 14, 2020

Assuming you are talking about a Georgia probate matter, if you never took your oath, you were never issued Letters Of Administration. Therefore, there is nothing to invalidate. The order appointing you should have given you a time period in which to take your oath. You should contact the probate... View More

2 Answers | Asked in Probate for Georgia on
Q: How to put a house in my name out of my deceased grandmothers name? Willed to my dad and uncle

My grandmother passed away leaving her house to my dad and his brother, they are giving me the house No conflict or liens on the house ,it is paid for. How do we change to name on the deed to put the house in my name? I have a copy of the will, the deed, the death certificate and the power of... View More

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2020

First, you need to hire a probate attorney to probate your grandfather’s estate and get the property into your dad’s and uncle’s names. After that your dad and uncle can sign a deed transferring the property to you. You should hire a real estate attorney to help you do that correctly.

View More Answers

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: How long does it take to have a trustee removed?
Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Mar 6, 2020

How long is a piece of string? Not trying to be smart, but if the trustee agrees, it could take about 10 minutes. If the trustee fights removable, it might drag on for many, many years because of court calendars, etc.

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.