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Georgia Probate Questions & Answers
1 Answer | Asked in Probate for Georgia on
Q: Trying to determine if my Aunt's will needs to be probated?

I was told it did not. She was not married and both sons died before her. In her will she left her property to a Nephew who was taking care of her and he died before her as well. The will specifically states that if he pre-deceased her the property comes back to the estate. Her home has a... View More

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

If there are no assets in the estate meaning that there is no money if you sell everything, then you should not open probate.

1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: What goes in order under O.C.G.A § 53-7-40 (2019) ?

1. Salary payable to Erma’s nurse-companion for a week prior to Erma’s death.

2. State inheritance tax due on a devise to Erma from her brother, who predeceased her.

3. Attorney’s fee payable to a lawyer who advised Erma during a real estate transaction.

4. Claim for... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Mar 5, 2020

It would be too difficult to give you specific advice on this issue. You are getting into the world of liability for making wrong decisions. You should hire a lawyer, take all of your documents in to the lawyer and let him give you great advice.

2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: My grandma passd and left me as beneficiary to a few ira accounts and she have greedy friends not of ken whats my rights

I am beneficiary to like 3 high priced accounts and she has "friends" that came for her or for her bf and it aint goin smooth they tryng to keep me away from her cpu and all saying grandma didn't trust me but that's ot true.. How do i take.control here and make them.leave

Ellaretha Coleman
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Ellaretha Coleman
answered on Mar 2, 2020

You need to contact a probate attorney to resolve her estate.

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2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: My dad died without a will. He was married to my step mom at the time. How do I get anything of my dads?
Ellaretha Coleman
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Ellaretha Coleman
answered on Feb 24, 2020

You would need to speak with a probate attorney to discuss your options. Your next steps will greatly depend on the nature of the assets that your father left behind. My condolences on your loss.

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1 Answer | Asked in Probate for Georgia on
Q: Hi I was trying to see if my charges are felony or misdemeanor
Nina Whitehurst
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Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 17, 2020

I can't help you because I am not a criminal law attorney. I am just writing to observe that no attorney in this forum can answer this question without knowing what the charges are.

1 Answer | Asked in Criminal Law and Probate for Georgia on
Q: If you are arrested for something petty while on felony probation & have to schedule a hearing with probation is it bad?

Driving under suspended lisence and didnt actually know they were suspended. Im on first offender felony probation. Would i have to see the judge that assigned the probation. What would i say to him if he is mean?

Brandon Alexander Thomas
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Brandon Alexander Thomas
answered on Feb 10, 2020

Any violation of the law while you are on probation can cause your probation sentence to be revoked and the judge to sentence you to jail. Driving with a suspended license is a misdemeanor, so it is not as bad as if you got a new felony. However, depending on the judge, the judge may revoke you to... View More

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: My grandfather passed recently. How soon can I determine the validity his will which we discussed years ago
Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Feb 3, 2020

Assuming your grandfather died in Georgia, you or any of his heirs can file his will for probate as soon as you have the death certificate. You will file the Will in the probate court of the county where your grandfather died.

1 Answer | Asked in Probate for Georgia on
Q: I have 2 minor sons whose father died last year. He had life insurance and left money for both of them in their names.

The company put the money in an account for them which I cannot touch. I need access to this money for daily living expenses since I can no longer collect child support. What, if anything, can I do?

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Jan 22, 2020

The companies should not have placed the money into accounts for the children. You should file for a conservatorship and claim the money. You also should be getting social security checks for the children to replace the child support. You should seek the help of a lawyer with knowledge of these... View More

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: My mother committed suicide in November 2019. I need help with how distribution of the estate

she wrote a letter saying she could not find her living will. We have been unsuccessful in finding it as well. She listed where her assets so go. She listed at the end that her current husband (only 9months married) is entitled to nothing and she wants him to get nothing. She has stocks, a car and... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Jan 17, 2020

Because your mother died without a will, there are no considerations given for what she told others she wanted. Nor do her handwritten notes have any bearing on how her estate is to be distributed. You are required to distribute 1/3 of the estate to her spouse and divide the remaining 2/3 among... View More

1 Answer | Asked in Probate for Georgia on
Q: My husband passed last week; WWII vet. Will specifically excludes other relatives; I'm heir and executrix.

No estate; we have joint checking act. for Social Security, home joint tenants with survivorship, do not own car. He DID have 2 credit cards I can't pay.I'm not on them at all. Do I have to probate in Georgia due to credit cards? Thank you.

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Jan 16, 2020

You only have to offer the will for probate if there is property needing transfer required by a probate court order. Therefore, all you need to do is file the will with the probate court and tell the judge it is not for probate.

1 Answer | Asked in Probate for Georgia on
Q: My dad died intestate and I am the only son. What form do I file to obtain access to his safety deposit box?

We closed out bank accts with an affidavit but they will not allow us to access the safety deposit box.(we have both keys) We were told we could transfer truck title with an affidavit as well so what form do i file to just get contents of the safety deposit box?

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Jan 10, 2020

There is no form. You need to file a petition to open safe deposit box for the purpose of inventorying the contents and search for a will.

1 Answer | Asked in Estate Planning, Elder Law, Probate and Family Law for Georgia on
Q: I was a care taking for a lady with dementia. A lawyer has been granted conservatorship over her. I no longer care

for her, but am owed over $2000 in wages. First the lawyer told me he had to get on her account, then he said her had to put money in a conservatorship account and now he says he has to get approval from the court before he can pay me. It's been 3 months. What is the truth?

Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Jan 1, 2020

It is difficult to provide you with an accurate answer, more information is needed. It is best to consult with an estate planning/elder law attorney who can assist you with the specifics of your case.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Estate Planning, Elder Law, Probate and Family Law for Georgia on
Q: I was a care taking for a lady with dementia. A lawyer has been granted conservatorship over her. I no longer care

for her, but am owed over $2000 in wages. First the lawyer told me he had to get on her account, then he said her had to put money in a conservatorship account and now he says he has to get approval from the court before he can pay me. It's been 3 months. What is the truth?

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Jan 2, 2020

Everything you have been told is accurate. You can ask the lawyer for a copy of the documents he filed in court to get approval to pay you. You can also ask the probate court for a copy of the document he filed for permission to pay you.

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: What form needs to be completed and signed by the heirs of a deceased parent to release their interest in real property?

the will has been filed with the courts but was not taken to probate. will named spouse as beneficiary. The real property is occupied by the spouse and she is trying to refinance but needs to have the property title put in her name as it was only in her deceased husbands name.

property... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Dec 30, 2019

You have two choices. You can probate the will and transfer the real estate to the spouse by way of the Will. You can also have the spouse file a petition for year's support and ask the court to give the house to the spouse. These are the only ways to get the property transferred to the... View More

1 Answer | Asked in Traffic Tickets and Probate for Georgia on
Q: How long can someone stay in jail for probation violation and it's misdemeaner

He missed his probation and they got a warrant for his arrest

Melaney LaGrone
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Melaney LaGrone
answered on Dec 17, 2019

He can stay in jail until there is a probation revocation hearing in front of a judge. At that time the judge will determine if the person can continue on probation or if his probation will be revoked and he is sent to prison on his original charges. Always best to hire an attorney for the best... View More

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: My father died over 4 years ago, my sisters and I was contacted by a law firm in writing telling us to file paperwork,

with the local probate court for his house.

Has too much time passed for us to claim the home?

How long do we have to file the paperwork?

He did not have a Will and there are three of us. One of us will not be able to sign the documents the courts want us to sign until next year.

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Dec 5, 2019

You need to consult with a probate attorney to determine your options at this point.

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Is Probate or any other process (legal or otherwise) needed when there's a notarized Last Will and no real property?

My mother passed away Thursday. She has a Last Will created and notarized in 2008, listing my brother and I as inheritors (both 18+). She lived in an assisted living facility in GA, owned personal property but no real property, and received regular deposits from SSA-Disability and State Teachers... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Dec 1, 2019

You are required to file the original will with the probate court, but not for probate. Whether you need to offer it for probate depends on the amount int eh bank account. If there is less than $10,000 in your mother's bank account, the bank should divide the money between you and your... View More

1 Answer | Asked in Probate for Georgia on
Q: If my name was changed legally after I was married, can I amend my marriage license to reflect the name change?
Tammy L. Wincott
Tammy L. Wincott
answered on Nov 25, 2019

Why would you want to amend the marriage ccertificate? Are you trying to amend it to your married name?

1 Answer | Asked in Probate for Georgia on
Q: I was arrested while on probation. There was no hold put on me and I was released will I be arrested for violation

Im ahead on my payments and have no previous violations

Jammie Taire
PREMIUM
Jammie Taire pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 25, 2019

This is not a probate question. You need to post this in the criminal law section. In short, it depends. Your probation officer may choose to file a revocation. You should post this question in the criminal law section for a more thorough response.

1 Answer | Asked in Probate for Georgia on
Q: How long does a beneficiary have to file a death claim in ga
Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Nov 24, 2019

I guess that depends on who you are filing it with. You certainly should file a claim within a year of knowing that someone has passed away. I am not sure if you are asking about opening an estate in probate court, or filing a claim on a life insurance policy or countless other places where a... View More

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