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Georgia Probate Questions & Answers
1 Answer | Asked in Probate for Georgia on
Q: i have been the sole caregiver to my sister for over 20 years she has one adult daughter who has never provided anything

as my sisters sole caregiver can i not claim a share of her estate, she owned her home but had no will she was estranged from her daughter am i not entitled to compensation for the 20 plus years i took care of her why should a neglectful daughter get everything when she never showed her mother any... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Oct 11, 2021

Without a will, you are not entitled to any inheritance unless you have a written caregiver agreement with your sister.

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: How do i cllect life insurance from my dead brothe that had no will or beniferaries on life policy
Anthony M. Avery
Anthony M. Avery answered on Oct 8, 2021

You will need to hire an attorney to pursue the policy benefit. It may require a Probate or an Affidavit as who the Next of Kin are. Filing Suit for Breach of Contract and Bad Faith, with a Complaint to the Insurance Regulatory Agency for the State, may all be necessary.

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: what happens to a person's bank account if they die without a will or known relatives?
Nina Whitehurst
Nina Whitehurst answered on Oct 6, 2021

If nobody claims the account within a certain period of time (which varies by state and financial institution but is usually around 3 years), then the bank will remit the funds to the state treasurer as unclaimed property.

1 Answer | Asked in Personal Injury, Medical Malpractice and Probate for Georgia on
Q: My husband recently passed away on August 13. Our primary address is in Floyd county ga. Married 29 years. He was at his

sister’s house when he passed.Between the hospital, his daughter and his sister, no one honored his Advance Directive DNR and my POA. He never wanted to be on a respirator which they did do .His daughter went after I presented all of this and got guardianship over him through a judge that she... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 27, 2021

A Georgia attorney could advise best, but your question remains open for two weeks. I'm very sorry for the loss of your husband. In terms of low cost legal services, such as legal aid or pro bono work, it could be difficult to find that where estates are involved. You could check with the... Read more »

2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: My mother passed away my younger sister is executor. Dod she have the right to take mom's car? Divide everything.

My baby brother needs a vehicle. He asked my sister about moms car. And she said $1000. Is this correct.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Sep 19, 2021

Your sister must follow the will. If there is no Will, then the court will have to appoint an Administrator to handle the estate. The court will appoint whomever the majority of heirs selects to be administrator.

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1 Answer | Asked in Probate for Georgia on
Q: I have questions about probating my mothers estate who passed away on April 20, 2021

Mom’s husband is my stepdad when she passed away he is selling all assets pocketing all the money I have one sibling and we are both My mothers biological children thanks

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Sep 13, 2021

If he is selling assets, it sounds like his name is on the accounts along with your mom. Otherwise, he would not be able to sell the assets. Therefore, you need to figure out if his name is no the accounts you are worried about.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Georgia on
Q: Does property left to "heirs of the heir" NEED to be held jointly?

"Heir" is deceased. Family decided widow is not a legal heir, so descended to children. Family insists property MUST be held jointly, giving control to one child, avoiding any input from other heir.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Sep 4, 2021

First of all, the exact language in the will controls. Usually, just one sentence from the will is not sufficient to interpret the will. That said, the spouse is an heir, and is the primary heir. Assuming multiple children exist as heirs, they all stand on equal footing and the property should be... Read more »

1 Answer | Asked in Probate for Georgia on
Q: How can I object to a letter for administration in Georgia based on the petition being filed under false pretenses?

My supposed sister (unproven paternity) has filed a petition to be able to make decisions regarding my deceased fathers estate. She isn’t his eldest heir - and she claims she is. I am. Help. I need to file an objection ASAP

Anthony M. Avery
Anthony M. Avery answered on Aug 27, 2021

File and serve a Motion To Remove Administratrix For Cause. Cite your grounds and be prepared to be appointed the fiduciary.

1 Answer | Asked in Probate for Georgia on
Q: My father's wife filed a Petition for Year's Support and listed his entire estate. Will she get everything?

I filed an Objection, however I do not have the means for an attorney. Can I withdraw my objection or does it matter at this point? Also, does that mean that there will not be any probate if she is awarded the entire estate?

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Aug 26, 2021

She will get everything she asked for unless you fight it. There will be no probate filed if she includes all assets on the petition for year's support.

1 Answer | Asked in Probate for Georgia on
Q: I have objected to a Petition for Year's Support. A hearing has been scheduled but I don't know what to expect

I don't know what is expected of me and I don't know what to expect. I have no access to proof or evidence because I have not been allowed in my father's home since he has passed.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Aug 26, 2021

You should have been conducting discovery in order to prove that the year's support is unwarranted. This will be a real trial sort of like you see on TV. You really ought to have a lawyer although at this point, it might be too late.

1 Answer | Asked in Probate for Georgia on
Q: Mother Died , My sister produces a bogus will saying sister got everything, I file a Caveat, Now sister dies

Mother Died , My sister produces a bogus will saying sister got everything, I file a Caveat, No outcome to my Caveat yet will has not been probated Now sister dies, what happens now?? My sister has a son If my Caveat Fails and the will she presented gets probated, would the court have to throw... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Aug 24, 2021

You need to consult with a probate attorney.

1 Answer | Asked in Probate for Georgia on
Q: Mom passed 4 years ago step dad passed away yesterday the house was in both names mom had 4 kids and 2 step kids?
Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Aug 21, 2021

Hopefully your moms estate was opened years ago. If not, need to open Dad's estate, then Mom's estate. Tuttle of property will determine who gets what.

2 Answers | Asked in Probate for Georgia on
Q: i took are of an elderly man i lived in his house for 3 yrs then he passed away last week i still live in house what are
Nina Whitehurst
Nina Whitehurst answered on Aug 18, 2021

I hate to be the bearer of bad news but unless you had a lease or he left the house to you in his will or trust or some other means, you have no right to continue to stay there.

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1 Answer | Asked in Probate for Georgia on
Q: My P.O. drug screened me after the judge ruled that i would not have to submit to screening while on probation.

I am on probation for an accident with injures. The judge ruled that i may keep my 4th amendment.

Joshua Schiffer
Joshua Schiffer answered on Aug 17, 2021

IT comes down to the very specific facts of the plea, as probation officers often have the discretion to require screens even without a 4th Amendment waiver.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Georgia on
Q: How would I get my nephew out of my house? He has been living with my parents who recently died the house is in my name.

Living there on and off for a year and has mail come there.

Homer P Jordan IV
Homer P Jordan IV answered on Jul 20, 2021

If it’s legally your house then you can have him evicted. You will need to go the legal route to do so.

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Looking for the Georgia code concerning inheritance of an only child. without probation of a will.

Need the code which states an only child must provide three affidavits stating the person is indeed an only child

Michael D. Birchmore
Michael D. Birchmore answered on Jun 25, 2021

Not saying you will find it, but the Probate section of the Official Code of Georgia Annotated (OCGA) can be found here:

https://law.justia.com/codes/georgia/2019/

2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: Can my Father keep a check written to him from my brother who passed away on 11/7/20. Check dated 11/6/20

My brother didn't have a will. He was still legally married, but his wife moved out of their home in 2015. My father moved in to physically care for him in 2016, due to declining health. I began helping him manage his small trucking business. He had me write the check and sign his name,... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Jun 24, 2021

Who is “she” that you are referring to? The ex who left him in 2015? Your question is a little confusing. You may want to consult with attorney who can review the facts and provide you with guidance.

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1 Answer | Asked in Probate for Georgia on
Q: Is there a way to get an inventory list if the will mentions O.C.G.A 53-7-33? Is there a way around it?

My father in law died, leaving my husband everything and naming him the executor to his will too.

My husband died before he could finish the probate process. Our children (Minors) are now the heirs but the new executor won't tell us what's there. We have repeatedly asked for an... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jun 21, 2021

You did not mention whether your children are adults or minors. If adults, they need to file a petition for settlement of accounts with the probate court that issued letters. You probably should consult with an attorney specializing in probate work for assistance.

1 Answer | Asked in Estate Planning, Family Law and Probate for Georgia on
Q: Once a ward was granted an emergency conservatorship is it legal to close all wards accounts

Prior to them consulting the ward. Law states that 60 days after appointed over ward either by hand delivered or date stamped mail they are to sit with ward listen to them & inventory assets. They have not even contacted ward & 60 days are up however she closed all the accounts leaving... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jun 14, 2021

yes as to closing accounts. Call conservator and make an appointment for ward to visit. Share your concerns at that meeting. Get a budget established. If all else fails, contact probate court.

1 Answer | Asked in Probate for Georgia on
Q: I was my sister-in-law payee. I need to pay her bills but bank closed account. What do I do to pay her bills?

She only has about $1500 in account. She needs to pay her soc sec back, her cable, phone and water bill. She may also have medical bills left. Hoping her $1500 will cover it. But the bank said I need to go through probate in order to allow the bank to pay the bills. What if she has passed... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jun 14, 2021

Sounds like you need to apply for guardianship and conservatorship.

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