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Georgia Probate Questions & Answers
1 Answer | Asked in Probate for Georgia on
Q: My lawyer died without doing anything on my case. Can I get my money back from his estate?

Back in June 2019 I hired a lawyer to file contempt of court against my ex-wife. He never done anything with the case. In February 2020 he died. Can I probate his estate to get my money back?

Nina Whitehurst
Nina Whitehurst answered on Oct 22, 2020

Yes, you would be a claimant against his estate. If nobody else opens a probate then you can. You should contact a local probate attorney to help you with this.

2 Answers | Asked in Probate for Georgia on
Q: spouse of 13 yrs died w/o will in GA. He had real-estate lot and 3 cars in his name. No children. Only wife.

Can wife sell house to pay off mortgage and transfer cars without probate?

Seth Meyerson
Seth Meyerson answered on Oct 19, 2020

To transfer the property to your name, you will need to probate the estate. This will also allow the retitling of the cars. Consult with an attorney.

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2 Answers | Asked in Probate for Georgia on
Q: As an heir of an estate still in probate in Georgia, can i request to see my mother's bank statements?

Our sister is not completely honest and not easy to give information. We feel she may have helped herself to $ while our mother was in hospital. Can we request this thru probate?

Seth Meyerson
Seth Meyerson answered on Oct 15, 2020

Yes, you can demand an accounting as an heir.

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2 Answers | Asked in Probate for Georgia on
Q: How do I apply to be an Executor of my mother's recently deceased estate since she had no will. I have two sisters.

My mom died with out a will. For the last five years, I have been living with her and assisting with her care. She had told me it was her wish for me to be her executor of her estates when she passes. I do have two other sibling so I was not quite sure which forms and procures I need to go through... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Oct 8, 2020

You need to file a Petition to Appoint Permanent Administrator. You can get it from the court in Paulding County.

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1 Answer | Asked in Banking, Estate Planning and Probate for Georgia on
Q: My aunt passed away 4 months ago and her beneficiary was her sister.

At one time she was extremely well off but over the years her health declined and no one knew what she had in accounts or banks. How can we find out if she had any bank accounts or any safe deposit boxes? There is a lot of unanswered questions about where her money and assets went over the years.

Homer P Jordan IV
Homer P Jordan IV answered on Oct 8, 2020

You will want to consult with a probate attorney who can review the case and help you plan the proper course of action to investigate this. -Homer P. Jordan IV, Esq. 404-620-1558

2 Answers | Asked in Probate for Georgia on
Q: My father died May 2019. He appointed his business manager executor but will is not yet filed. What should we do?

Executor is also a major beneficiary. Also beneficiaries are my 2 sisters, step sister and me. Business manager owns a competing business and we feel there is a conflict of interest in his being executor. The business manager was left Dad's house plus ownership of the business, which he must... Read more »

Seth Meyerson
Seth Meyerson answered on Oct 7, 2020

The executor should have handled the funeral expenses.

You can get probate started by submitting a petition to probate the will.

The executor has a fiduciary duty to the heirs. A very high standard. If he breaches this, he can be sued personally. I think you would have to wait...
Read more »

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1 Answer | Asked in Animal / Dog Law, Civil Rights and Probate for Georgia on
Q: Re Georgia code, which should I reference for reimbursement of reasonable pet fees (vet, insurance, etc.), please?

My father died, leaving his pet without a designated owner in the Will; he mentioned to me before he died that the pet dog was mine; saying, "Blackie is yours." My father said that at least three times to me and other(s). I lived with my parents for the preceding almost three years,... Read more »

Seth Meyerson
Seth Meyerson answered on Oct 7, 2020

Unfortunately, your assumption of ownership of the dog will not entitle you to any more of the estate. The dog, according to GA law, is merely property.

2 Answers | Asked in Probate for Georgia on
Q: My step grandfather died. He was the legal guardian of my sister. Does my sister count as an heir in probate court?

He was a resident of Georgia. His wife, our grandmother, preceded him in death.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Oct 5, 2020

Legal guardians are not heirs.

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1 Answer | Asked in Probate for Georgia on
Q: can I become administrator of an estate if one heir agrees and the other one does not?

I got legal custody of my nephew when he was two and a half, he was in foster care since he was about six weeks old. He died in a car accident in July, he was 21 and had no will. I have requested to become administrator of his estate, my brother signed the form, my nephew's mother refuses... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Oct 4, 2020

No, and you will not receive any if the wrongful death proceeds either unless the child was legally yours. The natural mother and father are his heirs.

1 Answer | Asked in Cannabis & Marijuana Law, Criminal Law and Probate for Georgia on
Q: If I smoked weed before being put on probation can I go to jail still?
Seth Meyerson
Seth Meyerson answered on Sep 28, 2020

Conduct that occurred before your sentence cannot be validly used to violate your probation.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Georgia on
Q: Do an heir's interests in a will passes to their offsprings if heir dies intestate and dies after the deceased?

My grandfather passed away in 2007, and leaves real estate to all his children and to the offsprings of a deceased daughter who was already dead at time will was written.

This will is now in probate and three children of my grandfather are now dead. Because the will originally bequeathed... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Sep 25, 2020

I don't like not giving advice when someone writes in and ask for it, but your questions are too complex to give a general answer to. A lawyer experienced in probate law needs to examine all the wills and the dates of death of all concerned to give you a firm answer as to who is entitled to... Read more »

1 Answer | Asked in Criminal Law and Probate for Georgia on
Q: Can a probation case that was already closed be reopened and re evaluated by lawyers if it was mishandled in the past

I just want some advice because i was a first offender and i got put on probation for 30 years and have had to pay fees i cannot afford and never will be able to afford to a place that no longer exists. I was 17 at the time and the person who did the acts was 15 so they charged me instead. I would... Read more »

Robbie Levin
Robbie Levin answered on Sep 23, 2020

You can file a Motion to Terminate Probation. I would recommend talking to a lawyer to better evaluate your chances for early termination.

For more information visit my website at www.LevinLawyerGa.com

Robbie@LevinLawyerGa.com

1 Answer | Asked in Federal Crimes and Probate for Georgia on
Q: I was arrested and given felonies in GA but i used first offenders and have completed probation. Will it show up

on a backround check

Robbie Levin
Robbie Levin answered on Sep 19, 2020

You need to make sure the discharge paperwork was completed and filed.

For more information visit my website at www.LevinLawyerGa.com

1 Answer | Asked in Probate for Georgia on
Q: Mom passed away in Florida ,I live in Georgia, no beneficiaries on bank accounts can I probate from Ga. To have access
Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Sep 12, 2020

Only if your mother did not own property in Florida xan you open an estate in Georgia.

1 Answer | Asked in Probate for Georgia on
Q: Will probate

My father made a will 1 year before he died. The will is going to one of his friends. He mentioned mY brother on the will as a listed child; however, he didn’t mention me at all! Does it worth it to object on this will?

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Sep 6, 2020

You will need to ask an attorney from the state where your father was living when he died. In Georgia, the only way for an omitted child to get back in a will is if the child can prove the parent thought the child was dead.

1 Answer | Asked in Probate for Georgia on
Q: My father recently died intestate (without a will). He had multiple IRA's with beneficiaries listed as myself

and my brother. However, my brother also died intestate and had no kids, and died months before my father. Would the amount of money left to my brother be given to me, or my mother since she is still living? My mother has been divorced from my father since 2002. We live in Georgia.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Sep 1, 2020

If you are listed as beneficiary, then you are entitled to your share of the accounts on which you are a beneficiary. Whether the listing of your brother as a beneficiary and he died before your means his heirs get the money or you get the money depends on the wording of the beneficiary statement.... Read more »

1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: Probating a Will for ownership of properties in multiple counties, what happens if it isn't done in one county?

A husband and wife own retail property in Cobb Co and reside in Paulding. The husband dies and leaves his half ownership to his son. The will was probated in Paulding for the home. Searching property records, the deceased husband is still listed as owner on the Cobb commercial building. Does this... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Aug 29, 2020

You probate a will only in the county where the deceased lived. Once you probate the will, the executor then transfers the real estate wherever it is in Georgia to the designated beneficiaries. Until that is done, the executor still has work to do.

2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: My grandfather’s will (1993) left his tractor to his son-in-law he got a new tractor in 1996 who can get tractor?

Is the new tractor part of the will even though it was bought after the Will was made? The older tractor was sold many years ago. The will just says tractor and has no identification number or make and model.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Aug 29, 2020

If the will says, " X gets my tractor. ", then X gets tractors owned by grandfather at his death. It doesn't matter when the tractor(s) were acquired.

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1 Answer | Asked in Family Law, Real Estate Law and Probate for Georgia on
Q: I'm the executor of my uncle's will in Louisiana and when he did his will, it indicated, so I thought that anything not

mentioned in the will would be handled legally by me. He lost 2 of his tax records in a flood and died before I realized that those properties weren't included on the will. Now my attorney is telling me I have to contact his siblings and their children inorder to GIFT the properties to whom... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Aug 26, 2020

It sounds as though you are working with an attorney. That person has all the details of your case, so it would probably be a good idea to take the person’s advice. If you don’t feel that you are getting good guidance with that attorney then you may want to see about working with a new one.... Read more »

1 Answer | Asked in Family Law, Real Estate Law, Landlord - Tenant and Probate for Georgia on
Q: Step mother won't leave property stepson owns. She has been served eviction notice. case cont'd

State of ga. Landlord not notified until day of court Dispute over quit claim deed h

recorded in clerk records back in Feb 2020. Dad died may 2020. sueing estate of dad she's temp admin of for reversal of quit claim deed suit came after evict notice.can she adverse possess? How can she be removed.

Homer P Jordan IV
Homer P Jordan IV answered on Aug 13, 2020

There is a hold on evictions in the state at this time due to the pandemic. It was recently extended once again. You may want to read about here: https://www.fox5atlanta.com/news/georgia-issues-3rd-covid-19-related-evictions-hold

-Homer P. Jordan IV, Esq. 404-620-1558

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