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Georgia Probate Questions & Answers
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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1 Answer | Asked in Estate Planning, Family Law and Probate for Georgia on
Q: Any cases where a judge may forego a bond when dealing with minors and conservators which are their parents? § 29-3-41

Just curious as to much this may cost as I still have to raise her.

Mandy Moyer
Mandy Moyer answered on Aug 29, 2019

I appreciate that navigating the legal system without the assistance of good legal counsel can be confusing!

To answer your question, typically no - a judge would not forgo a bond even though the minor's conservator may be his or her parent. Unfortunately, the law doesn't really permit...
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1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: What would be examples of a conservator having a financial Interest in a minor's estate?
Mandy Moyer
Mandy Moyer answered on Aug 29, 2019

Ah, yes - conservatorships can be tricky to navigate without legal counsel!

To answer your question: a potential conservator would have an interest in the minor child's estate if the minor child and the potential conservator BOTH have an interest in the same property.

For example,...
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1 Answer | Asked in Probate for Georgia on
Q: Can I be violated for not being able to pay as much money as my officer wants? I pay what I can and I done my comm. ser

I see probation 2-3 times a month. I take money on almost every occasion. Have to take off work every time. I completed 40 hr community service. I haven’t committed another offense. Today I was told I’m going to court tomorrow about payment when I just took money up the last 3 weeks in a row.... Read more »

Nina Whitehurst
Nina Whitehurst answered on Aug 26, 2019

"Probate" is the wrong category. You should repost your question under the Criminal Law category. Most probate attorneys have no clue about criminal law.

2 Answers | Asked in Real Estate Law, Land Use & Zoning, Estate Planning, Landlord - Tenant and Probate for Georgia on
Q: My grandfather inherited a house and piece of land from my great grandmother after she passed.

Yes I am getting information for my grandfather. He inherited a house and piece of land from my great grandmother when she passed. He put his soon to be ex wife on the deed and now she is leaving and packing all her stuff to leave. She just came into alot of money from her father passing. Can he... Read more »

Paula J. Mcgill
Paula J. Mcgill answered on Aug 17, 2019

Your grandfather should have consulted an attorney before she put her on the deed. If he did, he should go back to the attorney to consult with him or her.

Once you put a person's name on a deed, you can just simply remove it even if it was inherited. It was nonmarital property until he...
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1 Answer | Asked in Probate for Georgia on
Q: I would like referral to a probate court atty in 30143

My case lasted 2 years and we settled for lots of money. I am administrator and need atty to help determine fee to petition court. I needs to be a complete as possible.

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

I am not certain what you mean by hiring a lawyer to help you determine the fee to the probate court. You should be able to call the court, tell it what you are filing and it will give you the fee for the filing.

1 Answer | Asked in Criminal Law, Traffic Tickets and Probate for Georgia on
Q: My license were suspended due to FTA from a citation received in August 2017, but they weren't suspended until Feb 2017.

I was given a citation in August 2017, and missed my court date. I never received anything in the mail about court or even anything about my license being suspended a few months later. I've looked up the citation number online and it's nowhere to be found. My license was suspended February of 2018... Read more »

Ecleynne Mercy
Ecleynne Mercy answered on Jul 10, 2019

TAKE CARE OF THE FTA.... IT NOT ONLY SUSPENDED YOUR LICENSE. YOU GOT A WHOLE WARRANT. You are going to have to pay the FTA or provide a good excuse to get potential fine excused. Take care of the FTA first or be in fear of warrants. I pray this helps.

2 Answers | Asked in Criminal Law and Probate for Georgia on
Q: 5 years consecutive with 5yrs can he be revoked on 10 as a whole

Wants to revoke him on full years... When technically his secomd term has not began yet.so he zhpuld only be able to be violated and revoked on his current probation right? Not the 5 he aint even started right?

Gary Kollin
Gary Kollin answered on Jul 6, 2019

You should be consulting with his lawyer

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1 Answer | Asked in Probate for Georgia on
Q: My husband died and our home is in both our names. There is no "joint tenancy" or "right of survivorship" on the deed

He has 2 sons in Florida that do not want the house in Georgia. What do they need to sign to allow me to have the house put in just my name?

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

You should file a petition for year's support and ask the sons to consent to it. It will transfer to you the half you do not own and cut your property taxes in half for one year.

1 Answer | Asked in Probate for Georgia on
Q: Dad left credit card debt and a house. Will the house be sold to cover debt in probate

My dad died without a will. He only has a house and car as assets both with loans. He also has alot of credit card debt and medical bills. Will I be able to keep the house or will it be ordered to be sold to cover the debts when I file a probate case or will the creditors put liens on the house... Read more »

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

This question is not as easy to answer you you may hope.

First, it is the general rule that assets must be sold to pay debts. So, on first blush, if his debts are greater than the value of his equity in the house and the other assets he has, it probably makes no sense to open an estate....
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1 Answer | Asked in Probate for Georgia on
Q: For probate! Can a sibling open up an estate because my brother passed away and no one is trying to settle anything.

He was married and had a baby by an ex girlfriend. Neither has done anything. The siblings want to get things settle. Without a dog in the race can we ask for our money spent on probating his estate be given back. We are wanting what is best for his son which is a minor.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jun 24, 2019

You are in a difficult spot. If your brother has assets that need to be retitled in his child's name, the best answer might be to apply for a year's support for the child. If your brother did not own any assets that need to be transferred through probate court, not opening the estate might be the... Read more »

1 Answer | Asked in Probate for Georgia on
Q: My father passed away and his estate is in GA. His second wife -not my mother- refuses to go to probate. I live in NJ.

Can a lawyer in NJ represent me?

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jun 18, 2019

You can represent yourself or if you want to be represented by an attorney, you must select one who is licensed in Georgia.

1 Answer | Asked in Probate for Georgia on
Q: In Georgia for a probated will, must an outstanding mortgage be paid off before estate closure?

If real estate goes to one beneficiary and the residual estate goes to another beneficiary, does the mortgage on the real estate need to be paid off with residual assets, or can the mortgage be assumed by the beneficiary of the real estate? What options does the PR have? Can the PR seek an... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jun 11, 2019

This question requires more information. It could be that the mortgage must be paid from the remaining assets upon transfer. It also depends on how title is held currently held to the property. The estate remains liable on the mortgage if you simply transfer the oropteru without resolving the... Read more »

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Not on mortgage or title. Newton Co GA states I cannot sell home w/out probating will despite being executor. T or F?

I'm executor of my husband's will and estate. I'm trying to sell our home in which I'm not on the mortgage or title.

Wells Fargo is telling me they will keep escrow if title is not transferred to my name but by law, cannot prevent me from selling my home and will give me all money less... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on May 17, 2019

You have no authority to act in place of your husband unless the court issues Letters to you. The court can't do that if you do not file the will for probate. You might consider filing a petition for year's support to have the house placed in your name. once it is in your name, you can sell it.

1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: I'm executor of my husband's will. I'm wanting to sell our home but not on mortgage & title. Do I probate will & title?
Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on May 17, 2019

I'm not certain about your question. Since you are the executor of your husband's estate, I assume Letters Testamentary were issued to you. You are required to do whatever the will says do. If you are supposed to sell the home, then you simply sell the home. You do not need to be on the mortgage... Read more »

1 Answer | Asked in Probate for Georgia on
Q: Do I need to open probate if the only asset in my husband’s name is a car worth <$10K? Can car be transferred to me?
Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on May 1, 2019

If your husband has a will it is your obligation to file the will with the probate court. However it is not your duty to all for the will for probate. If the car is the only asset your husband has you should be able to go to the county tag office and sign an affidavit that will allow the tag office... Read more »

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