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Georgia Probate Questions & Answers
1 Answer | Asked in Probate for Georgia on
Q: My brother passed away May 22, 2020 He had no will or power of attorney. How do we start the probate process?
Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jun 24, 2020

If your brother resided in Georgia, his wife or children need to determine if he has assets requiring a probate being opened. For instance, if he has bank accounts exceeding $10,000 or real estate then they will absolutely need to either open an estate or file for year's support (if the... Read more »

2 Answers | Asked in Criminal Law, Family Law, Domestic Violence and Probate for Georgia on
Q: Protection order placed on me by niece after my mom's death. No will and they were taking everything inheritance theft

They drained her accounts they still have her furnishings I posted a protective order on my Facebook page which they were blocked from and I was arrested for stalking is this legal

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jun 24, 2020

More information is needed before an accurate answer can be provided. It is best to contact an attorney who can assess the details of your circumstances and provide you with a tailored response.

We are glad to assist you. Contact us whenever you are ready.

We wish you well....
Read more »

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1 Answer | Asked in Probate for Georgia on
Q: My father passed away recently and his will is 20 years and 3 spouses later. And only names 2 of 3 heirs. Is it valid?

He has well over one million dollars worth of assets. And the will is only one page. It's extremely vauge to say the least. I am now being pressured to sign "acknowledgement of service..." and am unsure how to proceed.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jun 21, 2020

on the surface, nothing you said makes the will invalid. Ex-wives are excluded as though they predeceased if they appear in the will. If a child was born after the will was signed, he might still be included. You should seek legal guidance before acknowledging service and asserting to probate.

1 Answer | Asked in Probate for Georgia on
Q: My father passed away 2yrs ago, no will. My step mom put his house in her name after his death but has since vacated.

Can I contest this claim?

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jun 19, 2020

I don't have enough information to advise you. If the house was owned as joint tenants with right of survivorship, she owns the house. You are free to open an estate for your father and investigate what happened to his estate.

1 Answer | Asked in Probate for Georgia on
Q: My sister's husband Hass passed away . She received a letter from his dad's attorney to sign over estate. How do I find

What is in the estate?

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

You should never sign any document you receive without fully understanding what you are signing. You should hire a lawyer to explain to you exactly what you are signing. For this very limited purpose, a lawyer should need about 15 minutes to review what you have been given and explain it to you.... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes, Gov & Administrative Law and Probate for Georgia on
Q: Probation revocation hearing / right to speedy trail

Is it Ga law that someone is to have a revocation hearing within 60 days from the arrest date or the case is to be dismissed for lack of speedy trail as this is a violation of someone sixth amendment right, also that a person can only be held for a total of 180 days before they have to be released

David Edward Boyle
David Edward Boyle answered on Jun 5, 2020

No and no, there is no set statutory time period for a person to have a probation revocation hearing. It must be within "a reasonable time". There is no speedy trial for revocation. The 180 days to be released I believe has to do with interstate detainers not probation revocations.

1 Answer | Asked in Probate for Georgia on
Q: What info should be in # 4 in a petition for letters of administration? All children living but all not found.

3 of the 5 children found and responded. I'm trying to admend petition. Please respond

Jammie Taire
Jammie Taire answered on Jun 4, 2020

Good Evening: I am posting #4 here:

Required: [Provide sufficient factual information to enable the Court to conclude that all

of the heirs of the Decedent are included and that there are no heirs of the same or closer degree

according to O.C.G.A. § 53-2-1. Provide the...
Read more »

2 Answers | Asked in Criminal Law, Federal Crimes and Probate for Georgia on
Q: Do you work with probation violations?

My fiancé was recently arrested for probation violation. He was homeless prior to been put on probation. He was ordered to complete 100hrs of community service (Which he completed) and take anger management class which he couldn’t afford do to his living situation at the time. He requested a... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jun 3, 2020

Your circumstances are unfortunate. It is best to contact an attorney as soon as possible.

We are glad to assist you. Contact us whenever you are ready.

We wish you well.

-The Upshaw Law Firm, (770) 240-0922.

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1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Can you will a car to your wife and then to someone else after wife's death if wife had transferred title and ownership?

Man dies leaving car to his wife who then takes full ownership titling it in her name. Man also puts in will that upon wife's death his son is to have the car. If the car is legally the wife's now, is this even legitimate?? Does the son have a claim?

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jun 2, 2020

If the man willed his car to his wife, and she put the car in her name, she is free to do whatever she wishes with the car. She is not required to then pass the car along to the son.

1 Answer | Asked in Criminal Law, Probate and Small Claims for Georgia on
Q: My issues are related to probate and estate courts.

It’s extensive, so I would need more space to properly explain the issue.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jun 1, 2020

It may be best to contact an attorney who can assist you with the specifics of your case.

We will be glad to assist you. Contact us whenever you are ready.

We wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Probate for Georgia on
Q: How do I get it if he won't communicate with me?
Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on May 30, 2020

Send certified letter to him. If he continues to refuse to communicate with you, you can file a petition with the probate court.

2 Answers | Asked in Probate for Georgia on
Q: In 2006, I legally declared my husband with court order of Presumption of Death/Missing in Cobb County Ga. due to

missing since 2004, it has been almost 15 years now and i need to know how to get him legally declared dead with certificate to take care of Social Security. what are my options or information on how to do this?

Nina Whitehurst
Nina Whitehurst answered on May 28, 2020

Make an appointment with your nearest Social Security office and bring the Court Order of Presumption of Death with you. If you have his social security card, bring that too. You will also need identification for yourself, such as a driver license, and it would be a good idea to also bring your... Read more »

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2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: I divorced my ex 7 years ago and got Remarried, Me and my ex been married 10 yrs w/2 kids and my new wife and I been

Married five years with 2 kids. I put my wife on the deed of the house...If I pass way does my property get left to my ex wife or my new wife? Also would my ex wife collect my pension? I don’t want the ex to get anything from me. I want everything to go to my current wife

Regina Irene Edwards
Regina Irene Edwards answered on May 27, 2020

You need to contact an attorney who can write a will for you.

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1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Can there be co-administrators of an intestates estate in Georgia?
Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on May 21, 2020

Yes. While it is usually not advisable, it is legal. When there are co-administrators, they both have to be around to sign all documents and checks. You will be hard pressed to find a bank that will allow you to demand two signatures on a check. Also , without proper language in a will, you... Read more »

1 Answer | Asked in Probate for Georgia on
Q: How much does a probate lawyer typically cost in GA?
Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on May 17, 2020

That is a very difficult question to answer because there are so many levels of help. Rather than worrying about how much the lawyer is charging, interview several lawyers across the state, ask what they charge and what services they offer. Choose to hire the form lawyer offering you the best... Read more »

2 Answers | Asked in Probate for Georgia on
Q: The executor of my grandfather estate is 77 years old can we petition the court for the granddaughter to be one

The executor is the sister of the grandfather and is not paying taxes on property and trying to sell when the rest of the beneficiaries do not want to sell.

Jammie Taire
Jammie Taire answered on May 16, 2020

I am sorry for your loss. There is not quite enough detail to answer this question. You mentioned that the executor of your grandfather's estate; therefore, I assume there was a Will. If the Will gives her discretion in selling the property, then she may sale the property so long as she... Read more »

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1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Basically my father passed I am the trustee and I have two sisters a half and a whole. My father made me the trustee

He also made my mom the second trustee so if I die she gets everything. I even put my assets in the trust. It has its own tax Id and everything. The house my viper my 1976 classic bronco and all my money and etc are all in the trust it’s a revocable trust and I have left it open since my father... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on May 14, 2020

I’m not clear on what the question is here. You may want to revise. It sounds like it would be beneficial to speak with a probate attorney. -Homer P. Jordan IV, Esq. 404-620-1558

1 Answer | Asked in Probate for Georgia on
Q: My father moved to Georgia from North Carolina six months ago. He passed away recently. Which state do I file probate?

He passed in a nursing home in Georgia where I live.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on May 14, 2020

You will file for probate in Georgia, in the county where he lived.

1 Answer | Asked in Family Law, Elder Law and Probate for Georgia on
Q: Adult guardianship petition (adult with autism, disability diagnosis) question.

Does Georgia law permit a probate court judge discretion to 1) refuse to order an evaluation by a physician, psychologist or a licensed clinical social worker, 2) If no, does the State of Georgia recognize the guardianship order, and 3) prohibit, or even have the authority, to deny an application... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on May 13, 2020

1. An evaluation is required by law and the court cannot simply order that it not occur.

2. The State of Georgia along with all people and entities must recognize the Order

3. As for prohibiting or denying an application for services, that is not connected to the guardianship...
Read more »

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