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Georgia Probate Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Who is the owner of a bank account of an intestate person that has added the daughter to sign checks?
Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Mar 31, 2020

As your question is worded, it is the estate. As is probably the case, it is the daughter. Most banks add the new signer on as an account owner. Therefore, if she is an account owner, the money is hers. If however, the bank truly added her as having signatory power, but not ownership, then the... Read more »

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: My divorced brother passed away and the beneficiaries for his life insurance were his minor children (in GA).....

I understand the court typically assigns the remaining parent as the custodian/manager of the children's life insurance policy. What if you would like to contest this b/c we are extremely concerned that the parent will spend the money left for the children's college and/or future needs (based on... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Mar 31, 2020

Typically in divorce cases, the final divorce decree requires the parties to maintain life insurance policies for the benefit of the minor children if one parent dies while the children are still minors. This is so that the children can still be financially provided for while they are minors. If... Read more »

2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: My divorced brother passed away and the beneficiaries for his life insurance were his minor children (in GA).....

I understand the court typically assigns the remaining parent as the custodian/manager of the children's life insurance policy. What if you would like to contest this b/c we are extremely concerned that the parent will spend the money left for the children's college and/or future needs (based on... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Mar 30, 2020

Typically in divorce cases, the final divorce decree requires the parties to maintain life insurance policies for the benefit of the minor children if one parent dies while the children are still minors. If that is the case, there is not a way to now alter the beneficiary designation, unless the... Read more »

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1 Answer | Asked in Probate for Georgia on
Q: Probation violation , technicality.
Jammie Taire
Jammie Taire answered on Mar 29, 2020

This is a criminal law question and not enough information provided.

1 Answer | Asked in Probate for Georgia on
Q: DeKalb Co Georgia probate: How does Executor account for a car in a Will given away when the owner was still alive?

I'm an executor for a Will in DeKalb County Georgia, for my late sister. She left her late-model car to a nephew in her will, but verbally gave him to him before her death; her title and registration were already signed but he then signed it over to a friend in another state. The title was out of... Read more »

Jammie Taire
Jammie Taire answered on Mar 21, 2020

This is something that happens often. If she did not own the asset at the time of her death then you do not need to account for it.

1 Answer | Asked in Probate for Georgia on
Q: I have been on unsupervised probation and the other day I get a call saying that he was my new probation officer

I need to come see him what could be wrong if I'm on unsupervised why would he be calling me in

Jammie Taire
Jammie Taire answered on Mar 21, 2020

This question should be under criminal law.

3 Answers | Asked in Estate Planning and Probate for Georgia on
Q: Can parent give inherited house to one child that has never lived nor contributed anything to over another child that

Contributed to financially and took care of parent for years; sidelining her own life to do so. Can one child have that favor?

Ellaretha Coleman
Ellaretha Coleman answered on Mar 21, 2020

Yes.

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1 Answer | Asked in Probate for Georgia on
Q: I never took the oath does this invalidate my appt?
Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Mar 14, 2020

Assuming you are talking about a Georgia probate matter, if you never took your oath, you were never issued Letters Of Administration. Therefore, there is nothing to invalidate. The order appointing you should have given you a time period in which to take your oath. You should contact the probate... Read more »

2 Answers | Asked in Probate for Georgia on
Q: How to put a house in my name out of my deceased grandmothers name? Willed to my dad and uncle

My grandmother passed away leaving her house to my dad and his brother, they are giving me the house No conflict or liens on the house ,it is paid for. How do we change to name on the deed to put the house in my name? I have a copy of the will, the deed, the death certificate and the power of... Read more »

Nina Whitehurst
Nina Whitehurst answered on Mar 14, 2020

First, you need to hire a probate attorney to probate your grandfather’s estate and get the property into your dad’s and uncle’s names. After that your dad and uncle can sign a deed transferring the property to you. You should hire a real estate attorney to help you do that correctly.

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1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: How long does it take to have a trustee removed?
Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Mar 6, 2020

How long is a piece of string? Not trying to be smart, but if the trustee agrees, it could take about 10 minutes. If the trustee fights removable, it might drag on for many, many years because of court calendars, etc.

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... Read 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... Read 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
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
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
Nina Whitehurst 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
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... Read 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... Read 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... Read 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... Read more »

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