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Georgia Probate Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: What rights do I have as a heir so that everything doesn't go to my half siblings when my step mother passes?

My father died intestate 4/2015. Stepmother barely speaks since he passed. Don't think that everything should go to her children. She will not give any thing to us.

Jammie Taire
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answered on Feb 18, 2019

I would like to express my condolences for the loss of your father. From the information you provided, I assume that your Father did not have a will at the time of his death. As such, in GA, his assets would be divided between your step-mother and his children with the step-mother taking no less... View More

1 Answer | Asked in Probate for Georgia on
Q: Petition to compel full accounting was denied by Georgia probate judge because of "failure to state a claim upon which

relief can be granted" is it possible this is due to the WILL not having been filed by the trustee in breach ? Would i the plaintiff in the case

need to file a new petition once the Will is filed? The petition included ample evidence of negligence and unresponsiveness to the beneficiary.

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Feb 5, 2019

Your question leaves me wondering if there is a trust or a will? To file a claim for a full accounting in probate court, the will must have been filed, admitted to probate and no less than 6 months have passed since the executor was appointed. If you are looking for an accounting for a trust... View More

2 Answers | Asked in Family Law, Health Care Law and Probate for Georgia on
Q: Can I have my brother declared mentally incompetent and ask for guardianship?

My brother has mental health issues that have become so severe he now believes his dreams are really happening and he also suffers from extreme paranoia. He refuses to seek any kind of mental help. He has not been a danger to himself, but he did abuse his ex wife. I don’t have any proof of that... View More

P. Justin Thrailkill
P. Justin Thrailkill
answered on Jan 28, 2019

You can get an adult guardianship if you can prove that he cannot care for himself. Talk to local attorneys where he lives and discuss with them your chances of getting him declared incompetent and taking guardianship over him.

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1 Answer | Asked in Criminal Law, Gov & Administrative Law, Military Law and Probate for Georgia on
Q: Yes I’m under 21 and I’m a national guardsmen but I would like to buy a pistol in Ga can I do that?

I’m currently on active duty order in a foreign country and would like to be able to buy one and have it shipped to my house

David Edward Boyle
David Edward Boyle
answered on Jan 22, 2019

If you cannot lawfully possess the gun in your home state I would not recommend that you do so.

2 Answers | Asked in Family Law, Child Custody and Probate for Georgia on
Q: How do I go about making my incorrigible, unruly 15-year old, biological son a ward of the court in Gwinnett County?

He already attends alternative high school and has probation in another county.

Kim Ebert
Kim Ebert
answered on Jan 19, 2019

You may consider filing a Petition to declare the child a delinquent. Talk to a competent attorney, many will charge a fee for a consult. But it is certainly worth it to have direction and options even if you don't retain the attorney.

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3 Answers | Asked in Family Law, Child Custody, Juvenile Law and Probate for Georgia on
Q: do I have to comply with dfacs in Georgia about visitation tho there's been no court order safety plan or signing of any

dfcs came to my house two weeks ago with false allegations of drug use and cleanliness.the investigator had already been to my son School said she saw their concerns with him but I refused the drug test.prior to all of this happening, I had placed my son with his paternal grandmother until I could... View More

Kim Ebert
Kim Ebert
answered on Jan 6, 2019

Are you the mother? Whatever you do, don't take legal advice from a Caseworker. You need to consult with an attorney before this gets out of hand.

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1 Answer | Asked in Probate for Georgia on
Q: My dad passed away without a will and I'm The Only Living child. I am on disability and I am mentally challenged.

My dad was married and had 10 acres of land and a home that was in both of their names and she passed away over 10 years ago and neither one had a will and my dad passed away a year ago and leaving me being his only living child. my Step Brother convinced me that it was for my best interest to give... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Dec 14, 2018

YES. This needs to be dealt with appropriately before you give away your rights to your father's land. Please contact an attorney specializing in probate work before it is too late.

1 Answer | Asked in Contracts, Family Law, Intellectual Property and Probate for Georgia on
Q: Can I sue my step father for pain and suffering, for him throwing away/selling my deceased mothers belongings?

My mother recently passed away, in her Will it states that my older sister, older brother and myself have rights to her belongings she's left behind. My step parent has took it upon himself to throw out her items left to me and my siblings. He's not listed in her last will and Testament... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Nov 29, 2018

You cannot sue for pain and suffering. You can sue for value of the property as well as suing him for interfering with the administration of an estate as an Executor de son Tort.

1 Answer | Asked in Criminal Law and Probate for Georgia on
Q: How is it possible to get a probation hold lifted and a bond. What’s the cost to talk to the lawyer and get a bond

It’s a criminal trespass, burglary 1st degree and theft by taking charge but they on probation with out bond

David S West
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David S West
answered on Nov 18, 2018

A motion to lift a probation hold and for a probation bond must be filed by an attorney with experience in criminal cases. We can file these the day we are hired and often get a decision within days. If we can’t get probation to agree to it then we go to the hearing and fight for our client!

1 Answer | Asked in Landlord - Tenant and Probate for Georgia on
Q: How long does the PR of an estate in Georgia have to remove personal affects of a deceased renter from home?

PR of estate has been recognized by probate court as of this month. Landlord of renter (the deceased) has sent letter of notice to quit lease to PR stipulating property must be entirely clean. Renter was on a floating month by month lease in an old home and acquired decades of stuff. PR lives out... View More

Seth Meyerson
Seth Meyerson
answered on Nov 12, 2018

The landlord can demand whatever he wants. If he wants an eviction he will have to convince a judge what he is doing is right.

The deceased has a month to month lease. In GA the LL needs to give 60 days notice to term so long as the lease is being fulfilled (you must pay rent). He also...
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1 Answer | Asked in Probate for Georgia on
Q: in Georgia , 16 year old minor and a pregnant 19 year old . does the 16 year old need one parent with full custody

or does both parents have to be there

Seth Meyerson
Seth Meyerson
answered on Nov 12, 2018

For what?

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: A sibling of 2 other heirs is co-executor and has been caught stealing and mishandling funds. Attorney is doing nothing

but racking up billable hours. What can we do?

Seth Meyerson
Seth Meyerson
answered on Nov 12, 2018

Motion to dismiss executor and replace him. See an attorney.

1 Answer | Asked in Probate for Georgia on
Q: My parents had a will but died and it's lost. any ideas on how we might find the law office they used?
Seth Meyerson
Seth Meyerson
answered on Nov 12, 2018

Check with local attorneys. Check with the probate court in the county where your parents lived to see if they filed a will there.

1 Answer | Asked in Probate for Georgia on
Q: Can one of the hire’s take things from a property before the will goes through probate?

My grandmother had a will she passed in 2012. She had 4 living sons she left her property to one of the sons who took care of her he lived on the property and the others agreed to him living there. He just passed two weeks ago leaving it to the last three sons the mothers will never went to probate... View More

Seth Meyerson
Seth Meyerson
answered on Nov 12, 2018

Call the police. Document his theft.

1 Answer | Asked in Criminal Law, Traffic Tickets and Probate for Georgia on
Q: While I was getting booked in at LCSO I had the pleasure of watching an on duty officer that is (NOT) a diabetic give a

himself a shot of insulin that belongs to a co worker.all because I head him tell his female coworker he thinks he may be a diabetic. While on duty and infront of me.tell me how this is legal.and what would a news crew do with this type of issue. how can they charge me with possession of weed less... View More

Seth Meyerson
Seth Meyerson
answered on Nov 12, 2018

That someone else may be breaking the law is not a defense for your violation; you need a lawyer.

2 Answers | Asked in Criminal Law and Probate for Georgia on
Q: I need too terminate my probation I have not violated any of the requirements can I be able with a lawyer?

They are non vIolent and unsupervised.felony probation

Forrest Clinton Barbour
Forrest Clinton Barbour
answered on Nov 12, 2018

Early termination of probation is available to many people. However, I need a lot more information to see if it is available for your case.

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1 Answer | Asked in Family Law, Child Custody and Probate for Georgia on
Q: I’m trying to find out how I can transfer guardian from Michigan to Georgia.

The probate court in MI gave me guardianship because the mother can not be found and the fathers are in prison. He only gave me 30 days to transfer the case.

Homer P Jordan IV
Homer P Jordan IV
answered on Oct 30, 2018

It is easier to transfer guardianship from some states to others, but some states require you to start over. You should consult with an attorney who can review the facts of your case in detail and help you plan the proper course of action to make the transfer. -Homer P. Jordan IV, Esq. 404-620-1558... View More

2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: My daughter died she was divorcing her husband they lived apart can he gain control of her house.

She also filed a property deed with her boyfriend who lived with her.

Ellaretha Coleman
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Ellaretha Coleman
answered on Oct 25, 2018

Possibly. There are a number of variables to determine who will be entitled to any property left behind by your daughter. You should consult with a probate attorney to discuss the specific facts and circumstances of your daughter's estate to determine your rights.

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2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: In GA, how does an executor of a will decline to serve so that the next name listed gets appointed?
P. Justin Thrailkill
P. Justin Thrailkill
answered on Oct 23, 2018

I don't know that any formality is necessarily required. A simple statement by the named executor, notarized and filed with the clerk's office ought to do it.

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2 Answers | Asked in Probate for Georgia on
Q: Dad passed away in Cobb County. Brother & I are co executors. Can my brother renounce this as he is out of state?

Unfortunately, my brother and I are unable to be in the same place at the same time to close out my father's bank account. If he renounces his duties as executor would this effect anything else? His life insurance benefits? We have full trust in each other... it is strictly a logistical issue.

John W. Chambers Jr
John W. Chambers Jr
answered on Oct 16, 2018

Your brother may renounce his right to serve, and unless your father named a successor co-executor, you could serve as the sole executor. The renunciation must be in a writing signed by your brother and his signature must be notarized. The renunciation must be filed with the probate court.... View More

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