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Georgia Probate Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: RE: Petition for Discharge of Personal Repres for my brother's estate. I am unclear what info is needed in Paragraph 4?

Only two Heirs (sons), all debt has been paid

Does an attorney need to submit this form to Probate or can I, as Executor?

James Clifton
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James Clifton
answered on Jun 5, 2024

You can leave paragraph 4 blank on the Petition for Discharge. It will be helpful to have the heirs sign a consent to petition though. An attorney is not required to submit this form. However, it may be helpful to enlist the service of an attorney to avoid any possible issues.

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1 Answer | Asked in Probate for Georgia on
Q: on a warranty deed my father's name as well as my step moms and one step sister with grantor and grantess to include ..

respective heirs, successors,and assigns were the context requires or permits . my dads gone and so is my step mom as one of his heirs can I just move into his house its not being lived in

James Clifton
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James Clifton
answered on May 13, 2024

It depends on a few factors. If the deed was held as joint tenants with right of survivorship, then your step sister is the current owner of the property. If the deed was held as tenants in common, then whether you inherited your father's portion would depend on whether he left a will and... View More

1 Answer | Asked in Probate for Georgia on
Q: My son has just died. He has children that are minors and is divorced. I was told I needed to go to probate court to get

His medical records as his mother. That’s all I need, all he has. Is this necessary and how hard is it

James Clifton
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James Clifton
answered on May 2, 2024

First, I am sorry to hear about your loss. As his mother, you may qualify as an heir who can file probate for his estate. If he left no will, you would be the administrator of his intestate estate. If he had a will, you would need to be named as the executor to qualify. Once you are appointed to... View More

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Probate for Georgia on
Q: Land was given to 2 siblings in a will. One sibling passed away and was married. Does the widow of the deceased person

Does the widow of the deceased person has rights to the land? No will was made for the deceased person to give the land to their spouse.

James Clifton
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James Clifton
answered on Mar 26, 2024

The exact answer depends on a few factors regarding the dates of death of the parent and child and the terms of the will. If the will listed the child died before the parent, the gift of the land will depend on whether the gift was listed as per stirpes, per capita, or otherwise. If the parent... View More

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Biological and step-parent dies with no will, does the step-child have rights to the step-parent's property in Georgia?

The step-parent has living relatives: Mom and siblings

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Mar 13, 2024

The simple answer is no. But, when parent died, child would be an heir to her natural parent's estate. Depending on facts of case, an equitable adoption might exist between step parent and step child that would allow for inheritance. You should see a probate lawyer about that possibility.

1 Answer | Asked in Probate for Georgia on
Q: Ex husband signed quit claim deed at divorce and I am to pay him $5k upon sale of my home. He died in 2018 w/o a will.

I plan on paying our two children the money, but is his widow due any part of this payment?

Thank you.

James L. Arrasmith
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answered on Mar 12, 2024

Based on the information you provided, it seems that your ex-husband had a legal interest in the $5,000 payment upon the sale of your home, as outlined in the divorce agreement and quit claim deed. When he passed away without a will in 2018, the legal question becomes who is entitled to his assets,... View More

1 Answer | Asked in Social Security, Estate Planning, Probate and Public Benefits for Georgia on
Q: Teacher retirement benefits

If the husband dies and leaving the widow the benefits and she dies, who shall the benefits go to?

James L. Arrasmith
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answered on Mar 8, 2024

When a teacher passes away and leaves their retirement benefits to a widow, the next steps regarding the benefits after the widow's death depend on the specific rules of the retirement system. Each retirement system has its own set of policies for the distribution of benefits after the... View More

1 Answer | Asked in Family Law and Probate for Georgia on
Q: Son has a no contact order issued by Judge against his wife she has all his belongings including his truck . An his on h

Hospital csn he give me power of. Attorney an I cam get his belongings am truck

James L. Arrasmith
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answered on Mar 6, 2024

If your son is currently unable to retrieve his belongings due to a no-contact order, granting you a power of attorney (POA) can be a legal means for you to act on his behalf. A power of attorney would allow you to manage certain affairs for him, such as collecting his belongings, including his... View More

1 Answer | Asked in Family Law, Elder Law, Probate and Wrongful Death for Georgia on
Q: my grandfather died and now his caretaker is squating in his house refusing to show anyone his will.

He died due to the care taker canseling more than a dozen of his doctors appointments, changing his doctor, farming him for pills, and now shes selling and giving away his assets (furniture, farm equipment, vehicles, and all his guns are gone). my mother and i have lived next door on his property... View More

Kedra M. Gotel
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answered on Feb 27, 2024

You need to file a petition in probate court in the county your grandfather lived prior to his death. The court will notify any other heirs or interested parties (including the caretaker) of the legal matter. You should request to be appointed the personal representative unless someone else can... View More

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: My friend died and I paid to bury her. Can I get paid back from her estate before the money is paid to beneficiaries?

I know that she has money in the estate.

James L. Arrasmith
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answered on Feb 23, 2024

In the situation where you've paid for your friend's burial expenses and you believe there are funds in her estate to reimburse you, it's important to understand the legal process for handling debts and distributions from an estate. Generally, creditors, including individuals who... View More

1 Answer | Asked in Civil Rights, Elder Law, Federal Crimes and Probate for Georgia on
Q: A will was legally filed in probate, and the daughter was also the executor and. Inherent: why wasn't her name changed?

The inherent name was not changed from the deceased to the legal person. It was not recorded, nor did the money on the loan was reported to the credit bureau. The mortgage company and Fannie Mae illegally to the home. There are documents to prove it. It was also racially motivated, and a lot of... View More

James L. Arrasmith
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answered on Feb 5, 2024

When a will is probated and an individual is appointed as the executor and beneficiary, the legal transfer of property, including changes to titles and accounts, requires specific actions to be taken. The failure to change the property title from the deceased to the beneficiary can result from... View More

1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: Inherited land. I am executor. Clerk if court said I had to re write the deed and submit another form.

Naming me executor. To transfer property ownership. Clerk of court, how do I go about this? And can I do this in my own or do I have to have a lawyer?

Nina Whitehurst
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answered on Jan 11, 2024

In most states there is no law that obligates an executor to hire an attorney. Just like fixing a car, you are free to do it yourself if you know how. But if you don’t know how you will get better results in the long run if you hire an expert. And just like fixing a car it is also often cheaper... View More

2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: Is my late uncle's wife entitled to his part of the inheritance?

My grandmother passed away a few years ago. Her house was left to her surviving children. Recently, 2 of his siblings passed away, both with leaving children of their own. My dad and his sisters want to do a major renovation on the house, but my uncle's widow is insistent that she's... View More

James L. Arrasmith
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answered on Jan 4, 2024

In Georgia, the rights of a surviving spouse to an inheritance depend on how the estate was structured and the specifics of the will, if there is one. When your grandmother passed away and left her house to her surviving children, the inheritance rights would typically follow her will or, in the... View More

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2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: Is my late uncle's wife entitled to his part of the inheritance?

My grandmother passed away a few years ago. Her house was left to her surviving children. Recently, 2 of his siblings passed away, both with leaving children of their own. My dad and his sisters want to do a major renovation on the house, but my uncle's widow is insistent that she's... View More

James Clifton
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James Clifton
answered on Jan 3, 2024

It depends on whether your grandmother and uncle had a will. If neither of them did, then your uncle's wife and your uncle's children inherit his portion of the property. The husband and children of your aunt who is also deceased are also joint owners of the property. If your uncle or... View More

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1 Answer | Asked in Probate for Georgia on
Q: My father died and I need help getting my part of the house he left me and my sisters.

My father died and the house was s split amongst my sisters and myself. I have begged my sister for years for my part of the house but she ignores me. She also lives in the house. She also forged my signature onto the will. I guess my wife question is... Is there a lawyer out there who wants to... View More

James L. Arrasmith
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answered on Jan 1, 2024

In a situation like yours, where there's a dispute over inheritance and allegations of forgery, it's crucial to consult with an attorney experienced in probate and estate law. They can help you navigate the legal complexities of your case and work towards securing your rightful share of... View More

1 Answer | Asked in Probate and Criminal Law for Georgia on
Q: My sister was sentenced to RSAT she's been sitting at county for 4 months now, is there some kind of motion she can file

To go to another program like six months at probation detention center

James L. Arrasmith
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answered on Jan 1, 2024

In Georgia, if your sister is currently waiting to be placed in the Residential Substance Abuse Treatment (RSAT) program but wishes to explore alternatives like a Probation Detention Center, there are legal steps that can be taken.

First, it's important to consult with her attorney or...
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1 Answer | Asked in Probate for Georgia on
Q: Which law applies in the case a deceased person has no will and owns property in a different state.

Deceased person owns property in Tennessee but died in Alabama. The property is only in their name and deceased left two biological heirs. In addition the property was owned prior to the second marriage. The deceased has no records of other properties in their name. Based on my research if the... View More

Nina Whitehurst
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answered on Dec 29, 2023

The law of the state in which the decedent had lived prior to death is the law that applies with respect to real estate owned in that state and also personal property wherever located.

If the decedent had real property in a state OTHER than the state in which he resided prior to death,...
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1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: What steps should I take to have deeds from my father's home changed to my name I'm his only child he passed last decemb
James Clifton
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James Clifton
answered on Dec 22, 2023

You will need to file probate. The form of probate you need to file depends on whether your father left a will or not. If your father left a will, you will need to probate the will in solemn form. It is usually a better option than probating the will in common form. If your father did not leave a... View More

2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: My father died unexpectedly last December 9th and I am his only child. What type of attorney should I search for and

What steps should I begin taking to have the deeds transferred to my name

James L. Arrasmith
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answered on Dec 23, 2023

In Georgia, handling the estate of a deceased parent, especially transferring property deeds, requires specific legal steps. You should look for an attorney experienced in probate and estate planning. This type of attorney will guide you through the process of administering your father's... View More

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1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: My domestic partner of 10 years passed away named me as beneficiary on insurance however, no will. Do I have rights?

We have resided together for past 10 years. After the funeral the father told me to stay in the house because that is what his son would have wanted. 3 days later different story he said that he and sister have to sell the house to pay the lawyers. They also have all monies from bank account and... View More

James Clifton
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James Clifton
answered on Dec 10, 2023

If you were not legally married in Georgia or another state, then your rights will be limited to what is in writing. If the life insurance policy lists you as the beneficiary, you will be entitled to the insurance proceeds. Unfortunately, if there is no will, your rights will be limited. Schedule a... View More

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