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Georgia Probate Questions & Answers
1 Answer | Asked in Probate for Georgia on
Q: if no beneficiary life and/or pension, company says goes to estate does only one named in will get the money
Jennifer Pierce
Jennifer Pierce
answered on Jun 30, 2023

Presuming that 1) the life insurance policy dictates that the proceeds go to the estate if a beneficiary isn't named and 2) the will is valid, then the proceeds should go to the designated beneficiary in the will after debts of the estate are paid.

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: If deceased has no debt what does executor do
T. Augustus Claus
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answered on Jun 29, 2023

If the deceased has no debts, the executor's main tasks would typically involve gathering and distributing the assets to the beneficiaries according to the will or intestate succession laws, paying any final expenses, and filing the necessary paperwork with the probate court to close the estate.

1 Answer | Asked in Probate for Georgia on
Q: dad passed, retired early due to plant shut down never collected pension, did get a payout now co says has survivor ben
Anthony M. Avery
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answered on Jun 29, 2023

If there is a survivor's benefit, who does the declaration say is the beneficiary? That beneficiary should either fill out the company's form for a claim, or at least make a written demand therefor. If the beneficiary is the estate or similar, then the next of kin should execute a... View More

1 Answer | Asked in Real Estate Law, Elder Law, Probate and Social Security for Georgia on
Q: How much time do we have in Georgia to challenge a quit claim deed made because of constant duress?

Elderly mother signed quit claim deed of 5 acres of land and small 30 year old mobile home, to adult and oldest of 3 total siblings, to protect it from pending lawsuit. The property was all she had in the world & wanted to make sure she could keep,being her only place to live. One sibling... View More

Anthony M. Avery
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answered on Jun 29, 2023

If that Daughter also got a power of attorney from the Mother, then she was and is a fiduciary. If so, any and all transfers of principal's property to the attorney in fact are presumptively fraudulent. If no poa, then you will need good evidence of fraud with witnesses, and you probably... View More

1 Answer | Asked in Estate Planning, Family Law and Probate for Georgia on
Q: In Georgia, if a probate court awards an heir furniture, is it in perpetuity or does it become abandoned if not claimed?

When my grandmother died, one of her children was awarded some of her furniture by the probate court. The home was then purchased by her fiancé, but her child never picked it up. Now, almost 10 yrs later, her fiancé passes away and the child says the furniture still belongs to them. I was told... View More

James Clifton
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James Clifton
answered on Jun 29, 2023

You will need to look specifically in the probate records which may only be viewable in person at the Probate Court Clerk's office to determine if there was language in the order that required the furniture to be picked up within a certain amount of time. Generally, the inheritance is... View More

2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: If only one person is named in will, do any other heirs receive anything
Jennifer Pierce
Jennifer Pierce
answered on Jun 27, 2023

If the decedent left a surviving spouse or minor children, they may have claims for a year's support, meaning they may be entitled to assets even if they are not specifically named as beneficiaries in the will. If there is no surviving spouse or minor children, then the designated... View More

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2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: If only one person is named in the will do any other heirs receive anything
John Michael Frick
John Michael Frick
answered on Jun 26, 2023

Usually, a surviving spouse and any surviving minor children have certain rights whether they are named in the will as an heir or beneficiary or not. The public policy behind this is that they should not become dependent upon the State because the decedent hasn't provided adequately for their... View More

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2 Answers | Asked in Family Law, Estate Planning and Probate for Georgia on
Q: When my father died my mother said that the most recent will was lose and could not be located.will was drawn up in 2004

So she probated a will from 1984 .which gave her everything .we the children didn't get any inheritance from my father's estate .now my mother has made my sister remainderman of a trust .basically making it where I get noughing from my father's estate .my sister already had land... View More

John Michael Frick
John Michael Frick
answered on Jun 26, 2023

Whether it is worthwhile to pursue depends on the size of the estate. If it is a multi-million dollar estate, it is probably worthwhile to consult a probate litigator in or near the county where your father's estate was probated.

A key piece evidence is that 2004 will that your...
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1 Answer | Asked in Probate for Georgia on
Q: Do I notifiy heirs before hearing or after for probating will in solemn form?
James Clifton
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James Clifton
answered on Jun 26, 2023

When the petition is filed, a copy of the petition needs to be served by the sheriff or a court appointed process server on the heirs. Failure to do so will prevent probate from moving forward. If you are uncertain about how to file probate, you should engage an attorney. Schedule a free... View More

3 Answers | Asked in Probate for Georgia on
Q: probating will solemn form

I am trying to probate will solemn form for my dad who passed. I am the only living child, I have two deceased brothers who died before him. They had children, so would they be considered representatives on paragraph 4 of the form?

James Clifton
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James Clifton
answered on Jun 26, 2023

The children of your deceased siblings are considered heirs of your father and must be provided served with the probate paperwork. Whether they inherit anything from your father's estate would be determined under the will if the will is proven valid. However, they have the opportunity to... View More

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1 Answer | Asked in Estate Planning, Family Law and Probate for Georgia on
Q: As Co-Trustee, does Trust have to pay dad's medical bill just received for services 13 months ago? It's not last illness

State of Georgia. My dad passed 10/2022. Last illness diagnosed 9/2022. Hospital Bill in question dated 6/2023 for outpatient CT scan 5/2022.

Additionally, when can I close out Trust account and pay out inheritance?

How long do we have to wait for bills to come in?

Thank you

James Clifton
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James Clifton
answered on Jun 25, 2023

You need an attorney to review the trust to clear up the below assumptions. If the trust was a revocable trust with your father as a lifetime beneficiary, the trust is responsible for all debts of your father. The trust does not act as an asset protection device. If the trust was not created by... View More

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: My estranged husband died last week. His three kids, also estranged, have taken over his house and won't give me a key.

They are dividing all his things

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Jun 24, 2023

Estranged? I assume you are still married? Was a divorce or legal separation pending? The answers to these questions s determine your rights.

Assuming you are married and no pending legal action, you are entitled to petition the probate court to open an estate. You are entitled to one-third...
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1 Answer | Asked in Probate for Georgia on
Q: Can a claim be made against an estate for back child support owed before the death of a parent?
Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Jun 20, 2023

The simple answer is yes. You must file a claim against the estate by notifying the personal representative and also filing that claim with the probate court.

The claim can be extinguished with an award of year's support so keep up with the progress of the estate through the probate...
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2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: My deceased mother is named as a beneficiary in my grandfather's will. They are three other siblings named as well.

Who gets my mother's part

James Clifton
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James Clifton
answered on Jun 19, 2023

It depends on the specific language contained in the will. If your grandfather's will states that his children receive the inheritance per stirpes, then the children of your mother would receive her share in equal parts. If the language in your grandfather's will states that his children... View More

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1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Two months after my husband died, his will was destroyed in a house fire. The house was in my husbands name. What is the

easiest way to transfer the deed.The house is paid for.There are no other heirs.

James Clifton
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James Clifton
answered on Jun 18, 2023

First, check to see if the deed was held as joint tenants with right of survivorship. If it was, the property passes to you outside of probate. You will need to file an affidavit showing that your husband has passed away and title to the property vests in you. If the deed was not joint tenancy with... View More

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Georgia on
Q: Mom passed. Dad's selling the house. What rights do I have as her sole heir with no will?

Dad says that I am required to sign a form to give him permission to a sell the house. What are my rights currently? What rights am I signing away? The items in the house are sentimental, am I allowed to keep any of those items as keepsake?

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on May 17, 2023

Georgia law provides that a spouse and children share equally in the estate. If you are the only child, you are entitled to one half of the estate.

Your father had a right to file for year's support which could result in him receiving all property.

You should consult with a...
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2 Answers | Asked in Elder Law, Probate and Estate Planning for Georgia on
Q: How do I prove an executor is stealing from the estate?

I requested an accounting of my aunts estate from exec. I got a vague list of transactions and no inventory of the estate. Executor failed to provide inventory or estate value. Executor diverted estate funds to offshore acct in Canada Also withdrew estate funds 300k for 7 days stating that bank... View More

James Clifton
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James Clifton
answered on May 14, 2023

You will need to file a formal Petition for Inventory and Accounting. If you are dissatisfied with what is produced, you can challenge the accuracy of the inventory and accounting provided in the pending probate case. You can also request that a new executor be appointed if there is evidence that... View More

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1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: My father died in a Knoxville nursing home Aug. 2021. He owned no assets and a Will. Can I file Small Estate Affidavit?

Clerk told me since I have his Will and I'm named as Executor that I have to file for full Probate Administration. I have researched TCA 30-4-103, and in my opinion, a Small Estate should suffice. I am a lawyer, but not licensed. I have an appointment with Chancery Court to file next Monday... View More

Anthony M. Avery
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answered on May 11, 2023

Small Estate Affidavits are for $50K or less of personal property. If no assets, why file Probate, especially in Knox County? If any other County has jurisdiction, go there if the Estate must be Probated. With Knox County, you will not want to Probate unless it is necessary. And if the... View More

1 Answer | Asked in Probate for Georgia on
Q: What can I do if the executor of the will has turned off my power, I have kids!! He hasn't probate yet. Idk what to do.
James Clifton
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James Clifton
answered on May 8, 2023

Until the will is filed, there is no executor. If there is no will, the heir of the deceased will need to file for administration of the estate. If you are a tenant, the estate has the same responsibilities as a landlord and cannot wilfully disrupt your utilities. If you were responsible for paying... View More

2 Answers | Asked in Real Estate Law, Banking and Probate for Georgia on
Q: What legal obligation would a widow have when mortgage was aquirred before marriage?

Legal way to transfer land ownership after husband dies without a will in GA.

Mortgage before marriage. Land aquirred during the marriage.

James Clifton
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James Clifton
answered on Apr 29, 2023

If the husband died without a will, the wife would need to file for administration of the deceased husband's estate. If there are children from the marriage or if the husband had children from a previous marriage, the wife would share in the inheritance of the land with the children. Any... View More

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