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Georgia Probate Questions & Answers
2 Answers | Asked in Probate for Georgia on
Q: My niece wants a car currently in probate. My mom is the sole heir to the estate. How do I handle this as executor?

My dad died in GA and his classic car is in probate. According to the will, my mom is the sole heir of the estate. I have not been able to find a buyer for the car (mom doesn't drive and has Alzheimer's). Mom's house sold and is going to closing shortly so the car needs to be... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 18, 2021

There are a few different ways to accomplish this but you simply distributing the car directly to your niece from your dad’s estate is not one of them. One option is your niece could purchase the car from the estate for fair market value. Another option is distribute the car to the sole heir,... Read more »

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1 Answer | Asked in Probate for Georgia on
Q: I have a probate question

My grandmother (Ellen - husband deceased) and mother (Brenda - unmarried) owned a house together, which was their only significant asset. Ellen had one child (Brenda) and Brenda had one surviving child (me). Ellen passed in 2009, Brenda passed in 2011. Brenda had a will, and I was sole... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 12, 2021

With those facts I fail to see the reason for the Probate Action. But you have not disclosed what estates the two owners had, which is why a lawyer should perform a title search. Very possibly they were Tenants In Common, with one/half interests going to each owners' heirs at death. If... Read more »

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: What are the rights of a widow when a spouse dies and no will and they have eight adult children.
Homer P Jordan IV
Homer P Jordan IV answered on Feb 9, 2021

The estate would likely go to probate and a judge would make decisions regarding the assets. Consult with a probate attorney who can help you with the process.

1 Answer | Asked in Probate for Georgia on
Q: Can petition for letters of administration be completed and presented to court without assistance of a lawyer?

My mother died intestate and I am the eldest son serving as executor to her estate. Her spouse is illiterate and in capable of handling her affairs. I am attempting to file court documents and I'm in need of assistance.

Anthony M. Avery
Anthony M. Avery answered on Feb 2, 2021

As a potential administrator you should first determine if Probate is needed. Unless there is alot of property, then Probate is probably worthless and asking for creditors to come calling. Hire a competent attorney to just inquire about its necessity, then decide whether to file an... Read more »

1 Answer | Asked in Probate for Georgia on
Q: My sister passed away in June 2014 (5+ years ago). How do I close out her bank account.

She had no asset other than about $1,800.00 in her bank account (checking). That money has just been sitting there since her death, 5+ years ago. I want to close out her account, how do I do that?

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jan 28, 2021

You can demand the bank distribute the money to the heirs.

1 Answer | Asked in Probate for Georgia on
Q: I live in Georgia. My husband passed. The deed to land and house in both names but cars are not. Does spouse get it all?

We were married for 42 years. He has two children by 2 other wife’s, both short marriages. But the oldest was opposing me being named administrator no will so in probate. She has since also passed. What happens now? My brother in law is also saying land he gave us to build on is his since we... Read more »

Jammie Taire
Jammie Taire answered on Jan 27, 2021

First let me extend my condolences regarding your loss. You packed a lot into this question and more than be answered in this response. On a high level, in Georgia, if your spouse did not have a will, the estate passes to you and the children (even adult children) with you taking no less than 1/3.... Read more »

3 Answers | Asked in Estate Planning and Probate for Georgia on
Q: how do Iegally protect my property and my finances from my daughter and her husband and make my brother my heir

my husband died and I assumed the house went directly to me. but I'm not sure. I want my brother to get the bulk if not all of my estate. my deceased husband and I have 1 living daughter left but her and her husband have been contacting other parties behind my back about purchasing my home,... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 25, 2021

First, hire an estate planning attorney. Seriously, if this is that important to you, hire an attorney to make sure it is done right. Hire a specialist, not an attorney who dabbles in estate planning. Most likely the attorney will recommend a trust, a durable financial power of attorney, a medical... Read more »

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1 Answer | Asked in Probate for Georgia on
Q: Y husband passed with no will. We have been together for 42 years. He had a daughter she is contesting me be name admisr

In probate she has since died and need to know what to do now. There is also a son not by the same mother but they were close. No one can tell me what to do now. He had a checking account separate from our joint account and bank froze it. There was no one else on the account. Me being 66 and living... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 25, 2021

You will have great difficulty navigating this on your own. Do yourself a huge favor and hire a professional to help you. You are looking for a probate attorney in your area. Click on Find a Lawyer above. Very often the attorney gets paid out of the estate.

1 Answer | Asked in Probate for Georgia on
Q: My husband passed with no will and i am not on his bank account what do i need to do? My stimulus went to that acct and

My husband passed with no will and i am not on his bank account what do i need to do? My stimulus went to that acct and his last check the bank will not let me do anything with because it is to estate of

My name is Rebekah. I am not sure who to contact regarding my late husbands i guess... Read more »

Zainab Major Brown
Zainab Major Brown answered on Jan 20, 2021

I send condolences. You should contact a probate attorney in Georgia for a consultation.

The probate lawyer you hire will help you navigate the probate court process to obtain the authority you need.

1 Answer | Asked in Criminal Law, Estate Planning, Banking and Probate for Georgia on
Q: Suspended Executor accessed descendants bank safely deposit box by provided bank manager invalid testamentary court.

Removed all contents and closes safety deposit box account out. Which included an original copy of a amended will and vehicle title. The following day, the suspended executor transferred vehicle title from the descendants name into his, providing the DMV with the same invalid court docs.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jan 18, 2021

Since you didn't ask a question, I'm not sure what you need. The facts sound horrible and the executor can easily have a judgment entered against him. I don't understand why there is a codicil to a will still floating around when the court had already issued Letters Textamentary to... Read more »

1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: If a deed is worded with the owner's name and then ending with the words "Family Trust", what happens upon their death?
Nina Whitehurst
Nina Whitehurst answered on Jan 14, 2021

The name of the trust does not shed any light on what the plan of distribution is at the trust creator’s death. The only way to answer that question is to review the trust instrument itself.

1 Answer | Asked in Probate for Georgia on
Q: My brother's wife died and needs to go to probate to be named the executor but has an issue speaking after a stroke?

He understands and speaks slowly. He has no children. He will be coming to live with me. Will he be denied becoming the executor? Should I file for guardianship then executor? Have no clue what I should do.

My brother's wife has 2 checking accounts and a safe deposit box in only... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 8, 2021

It does not appear there is any need for Probate. It appears he as an owner has the authority to act in regards to the three houses and the safe deposit box. If less than a buck in the accounts, forget about them. He may need to talk to a competent attorney to plan his Estate.

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: I’m a beneficiary of my grandfathers trust. My aunt has been named the trustee but won’t tell me what’s in the trust.

Is there a time limit or way to obtain the details of what is on the trust and what I am entitled to?

Homer P Jordan IV
Homer P Jordan IV answered on Jan 6, 2021

You should consult with a probate attorney who can review the facts of your case in detail and provide you with guidance.

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Georgia on
Q: NEED A ESTATE LAWYER DEALING With PROBATE PROPERTY ISSUES
Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Dec 6, 2020

My firm handles only probate issues including real estate issues arising from the death of someone. Give us a call on Monday. 770-469-8887.

1 Answer | Asked in Family Law and Probate for Georgia on
Q: Legitimize rights

My fiance and I were together 12 years and he passed away. We have a son together but my fiance 22 year old son who is not legitimize was put in charge. I'm on the edge of loosening his ashes because I don't know what to do.

Homer P Jordan IV
Homer P Jordan IV answered on Nov 4, 2020

I’m not sure what your specific questions are regarding legitimation. You should consult an attorney who can review the facts of your case and present you with options.

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

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