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Georgia Probate Questions & Answers
1 Answer | Asked in Criminal Law and Probate for Georgia on
Q: If someone told my probate officer I moved when I haven't. How can someone get me out of jail?

I have been out of the pin for a year the third. I haven't moved still at the address I gave my probate officer. But someone told them I moved an they came an picked me up.

Jammie Taire
Jammie Taire answered on Nov 12, 2019

This question is listed in the wrong section.

2 Answers | Asked in Probate for Georgia on
Q: I received an Acknowledgment of Service and Assent to Probate Instanter, today. Is it really necessary that I return it?

I am the only other heir that received it. I was omitted from the Will, which is fine by me. My sister didn’t even notify any of family members of the passing of our Father

Jammie Taire
Jammie Taire answered on Nov 6, 2019

The answer it depends. If you consent to the proposed executor being named as the executor then you can sign the acknowledgment of service and have no objection to the probate of the will, then you can sign the acknowledgment. You make sure you have reviewed the will and do not see any problems... Read more »

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1 Answer | Asked in Probate for Georgia on
Q: A wife filed for divorce, but before completion, the husband dies without a will. who can execute in probate?

The husband has no living kids and the wife can't be the executor because she has a pending divorce. Should she dismiss the divorce action to be the executor, or is it not quite so easy?

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

the divorce is automatically dismissed at his death when you let the superior court know he died. File for administration and ask that county administrator be appointed as personal representative. Wife will inherit all assets. A year's support might be a better option that administration. See a... Read more »

1 Answer | Asked in Probate for Georgia on
Q: My father passed away Aug of last year..He had a will but his sister is hiding it..I'm the only child and he never wed

How do I go about getting his will because I know it is a copy at a lawyer office somewhere in Douglas Ga,or Ambrose

Jammie Taire
Jammie Taire answered on Nov 4, 2019

You can file a Motion to require that she file the will if you are certain that he had a will. If a will has not been filed and you are not certain he had a will then you can file to be named as administrator over the estate.

1 Answer | Asked in Probate for Georgia on
Q: In the State of Georgia when can a guardianship for a child turning 18 be filed.

I need this to be in effect on the day he turns 18 due to intellectual disability.

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

You can file for guardianship at any time. Certainly, if you are worried about SSI or other benefits flowing to your child when he reaches adulthood, you should start now. The process takes about 2 months. We usually start seeing people when the child is about 17 1/2 to start helping with the... Read more »

1 Answer | Asked in Probate and Estate Planning for Georgia on
Q: I have 3 kids from my first marriage one child is over 18 and 2 under 18 years old. Now I am remarried and have 2 kids

Under 6.. I do not Have a will, how would everything that belongs to me be split if i pass without a will? The house and cars are in my name and my wife’s name, and my wife is the beneficiary on my life insurance. Will everything go to my wife or will it be split between my wife and all my kids?

Nina Whitehurst
Nina Whitehurst answered on Oct 22, 2019

Regarding the house and cars, it is not possible to say without reviewing the precise wording on the titles. Regarding the life insurance, if your wife is the primary beneficiary and she survives you, she will get the proceeds.

As to everything else, if your wife survives you, she will get...
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3 Answers | Asked in Criminal Law, Probate and Estate Planning for Georgia on
Q: My father was sworn in as Executor to my Grandfather’s Estate, and Georgia Probate Court suspended and then revoked him

as Executor, and embezzled the estate assets into my sisters company,

Nina Whitehurst
Nina Whitehurst answered on Oct 18, 2019

You didn't ask a question, but I am guessing that your question is something along the lines of whether you or your father has any kind of remedy for what you consider to be a wrong perpetrated by the probate court or your sister or both. This forum is for questions of a general nature, not for... Read more »

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1 Answer | Asked in Probate for Georgia on
Q: My mother passed away I'm the Executor of the will. My sister and I were the beneficiary but she is now deceased for

2yrs do I need her husband at the time of her death to sign the paper work to probate it.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Oct 16, 2019

Your sister's children would be the appropriate people to contact regarding the handling of the estate. Her husband is not an heir to your mother's estate. However, you need to determine whether the Will requires bequests to your sister to be paid to her heirs.

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Georgia on
Q: Is it standard procedure for Judge to assign an ad litem when moving to appoint a new conservator of minor's estate?

My niece (a minor) has an estate from my brother's wrongful death. Court named my dad as Trustee, and her mother as Conservator in 2007. Fast forward, mother lost parental rights 2014. Trustee been handling property last several years alone. Mother voluntarily withdraws as conservator 2019 to avoid... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Oct 3, 2019

It is not unusual for a judge to appoint a guardian ad litem under these circumstances.

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2 Answers | Asked in Divorce, Family Law, Real Estate Law and Probate for Georgia on
Q: If my spouse and I purchased a home while married, however separated but not legally, my name is not on the loan or deed

And my spouse dies before divorce, am I responsible for property?

Homer P Jordan IV
Homer P Jordan IV answered on Oct 2, 2019

The house is considered marital asset, regardless of which person's name it is in. Once you legally divorce marital asset will be divided, with the judge making the decisions after reviewing the facts of the case. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

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1 Answer | Asked in Probate for Georgia on
Q: How long does representative have to respond to damand for notice from probate court
Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Sep 29, 2019

The time to respond varies depending on the type of notice. It could be as few as 10 days or as many as 30 days.

1 Answer | Asked in Probate for Georgia on
Q: The sole member of an LLC to which I had given a deposit for landscaping work died before beginning the project. His

wife has filed a Petition for Year's Support, including the assets of the LLC in the petition. I am not listed as a creditor of the LLC, even though I have notified the LLC of the deposit owed to me. The bookeeper for the LLC tells me they intend to return my deposit (several thousand dollars),... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Sep 27, 2019

You should file an objection to the Petition for Year's Support. You also should file a claim against the estate for he money you paid the LLC.

2 Answers | Asked in Probate for Georgia on
Q: Ref to GA Code 53-2-1 does same apply to one having a will and dont want deceased son's minor childr to inhert anything

My widowed mother wants to leave her estate to me, her only living child and does not want my decease brother's minor children to have any claim to it and doesn't know how to do that.

Nina Whitehurst
Nina Whitehurst answered on Sep 23, 2019

Your mother should contact an estate planning attorney to have a will drawn up that accomplishes what your mother wants. This would also be a good opportunity for her to think about other things, such as disability planning and Medicaid pre-planning. Estate planning attorneys can help with much... Read more »

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1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: If my mother was made executor after my father's death in probate court does that mean that when she dies,she can leave

The house to only 2 children,instead of all 7? Im inGeorgia .joint tenancy with survivorship rights not printed on deed

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Sep 23, 2019

You stated that your mother was named executor of your father’s estate. That means your father had a will, and your mother is bound to deliver the property as your father requested in his will. If your father did not have a will, then your mother would be an administrator. She would have to... Read more »

1 Answer | Asked in Probate for Georgia on
Q: My mother passed away recently and my brother passed the next day. She had an account at bank in her name for him.

The acc so he can get ount read her name for his name. The money came from social security disability benefits and she paid his monthly bills with this money. He has 3 sons, one of his children is trying to go thru probate to be appointed representative (he had no will) in order to get this money.... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 20, 2019

When an account is set up like that (Name 1 for Name 2), the account is owned by Name 2 and Name 1 is just an agent, not an account owner. So if your brother is Name 2 and he has passed with no will, then the account should pass to his intestate heirs and, yes, most likely those intestate heir are... Read more »

1 Answer | Asked in Probate for Georgia on
Q: My parents revised their will after my brothers death taking him out. Can his children claim anything now?

His children were left a very large sum of money from their father. They are now questioning their fathers part which is only consisting of the home.

Nina Whitehurst
Nina Whitehurst answered on Sep 16, 2019

Nobody can claim anything under a will until the testator is deceased. When they testator dies it depends entirely on how the will is drafted.

1 Answer | Asked in Elder Law, Estate Planning and Probate for Georgia on
Q: My mom has dementia. She has not been been legally declared incomptent. She signed power of Attorney over to me in

She signed in front of a notary who read and went over what she was signing and that mom fully understood what she was signing

Homer P Jordan IV
Homer P Jordan IV answered on Sep 10, 2019

What is the legal question for us? I don't know what the question is that you are asking. Maybe you could re-write it so that the question is clear so that we can provide you with feedback. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

1 Answer | Asked in Probate for Georgia on
Q: If the testator has been placed in a nursing home, can the will be read and things be distributed to the beneficiaries.

The testator is financially sound, however the executor of the will wants to sell the house claiming the money may be needed.

Nina Whitehurst
Nina Whitehurst answered on Sep 9, 2019

Don't do that! First, the will is not effective until the testator dies, not a minute before, and then usually only after a court has probated the will and issued letters testamentary giving the executor the authority to sell and distribute the estate. If anybody has a power of attorney for the... Read more »

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: My mom died (90) I was her caregiver and live in her home with her for 29 years, she had credit debt will I loss my home
Jammie Taire
Jammie Taire answered on Sep 1, 2019

First, let me express my sincere sympathy regarding the loss of your mother. The answer to your question depends on many things and there is not enough information to provide a thorough answer. We would need to know whether your mother had a will, how the property was deeded, how much debt your... Read more »

2 Answers | Asked in Probate for Georgia on
Q: What can I do to protect my spouse that is not co-buyer on a home if i should pass away?

I have the better credit score but I don’t want my spouse to have the burden of losing or face a due-at-sale clause.. what are my options,, we are about to buy a home

Mandy Moyer
Mandy Moyer answered on Aug 29, 2019

I commend you for considering the possibility of the unanticipated and planning to protect your family from that uncertainty.

There are absolutely steps you can take to protect your spouse in the circumstance you have detailed - specifically, you can arrange to take title to the house in...
Read more »

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