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Georgia Probate Questions & Answers
1 Answer | Asked in Probate for Georgia on
Q: Life insurance on daughter who suddenly passed away. What "estate" paperwork does ins co need me to file?

Her deceased grandfather (my father) had taken out the $100,000 policy. She had less than $1000 to her name. My ex-wife had to file a small estate (?) because the hospital was billing her. My daughter was 31 years old and passed away last December.

Nina Whitehurst
Nina Whitehurst answered on May 4, 2021

Usually a life insurance policy has a designated death beneficiary, and all the beneficiary has to do is provide the life insurance company with a death certificate and the beneficiary's own contact information and identification.

If the primary beneficiary was not living when the...
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1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Can an executor be exempt from fiduciary duties if the will stated they can be relieved from any bond?

Will states: he be relieved from giving any bond & making any inventory, appraisements nor returns of any kind whatsoever to any court.

Is there any way he could transfer the house to the estate & sell it without notice? The executor is not a family member and has not acted in good... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on May 2, 2021

Because the will excuses the executor from a bond or accountings, the executor still must meet his fiduciary duties. If you feel the executor is not properly performing his job, you should retain an attorney to assist you with enforcing your rights as an heir and beneficiary.

1 Answer | Asked in Probate and Real Estate Law for Georgia on
Q: Can a sole beneficiary with Letters of Administration use an Assent to Devise to transfer mortgaged home title to self?

If not the Assent to Devise, please tell the type of deed to use. Single parent was intestate. Only debt is mortgage. Legals in paper are running. Any info will help.

Michael D. Birchmore
Michael D. Birchmore answered on Apr 29, 2021

The best information anyone her can provide would be simply to seek professional assistance from a good probate attorney. This forum is not built for specific case procedures. There is no way you can provide enough relevant and critical information online.

1 Answer | Asked in Probate for Georgia on
Q: My 89 yr old mother passed away in January without a will she owed some credit cards but there is not enough to pay them

The only real assets she had was her home and a small bank account both of which also have my sister's name on them. How should we proceed with probate and not being able to pay the creditors? We are in Douglas County Georgia. Thank you

Anthony M. Avery
Anthony M. Avery answered on Apr 28, 2021

Probate would be a very bad mistake. Depending on the title to the house and the bank signature card, probably no action is the best course. An Affidavit of Heirship may be needed. Get the counsel of a competent attorney before you do anything.

1 Answer | Asked in Probate and Tax Law for Georgia on
Q: I have a litigation question. Almost three decades ago, my father lost everything he owned and didn't own due to unknown

reasons to this day; including an inheritance worth millions of dollars. Therefore, he owed the IRS a numerous amount of money. He ended up in the hospital and was treated for a financial breakdown. Moving forward, a few years later, he and my brother (who was only 18 years old at the time) started... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Apr 27, 2021

I hope that my colleagues who practice probate law will also answer your question as probate law is not my practice area of law. That said, however, not much in your description of facts makes sense when even basic legal principles are applied. I am not sure how taxes are avoided simply because... Read more »

1 Answer | Asked in Probate for Georgia on
Q: need to file letters of administration but my sister won't sign in agreement. can I still file and what are my options

all other heirs(6) are in agreement with me being the administrator. 1 sister is illiterate and will not agree to anything. what are my options. cant afford an attorney.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Apr 25, 2021

Yes, you still file the petition and ask the court to serve the petition on your sister. This is a routine problem. Your sister will have 30 days to respond once she is served with the papers.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Georgia on
Q: Wife died. no will. House in her name. Who inherits? Just husband? Or husband and children? state of GA
Homer P Jordan IV
Homer P Jordan IV answered on Apr 23, 2021

A house would typically be considered marital asset, and it was likely both hers and her husband’s. We would need to know more details to provide additional information specific to this situation.

1 Answer | Asked in Probate for Georgia on
Q: Do I have to probate a will or can I just file it?

I live in GA and my husband's will leaves everything to me. My children are not contesting the will. All the accounts, titles and deeds are in both our names except for one land lot which is in my husband's name only. Do I have to go through probate just to get that one deed changed to... Read more »

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

Yes you need to go through a probate process. You must file the will with the court even though you do not need to offer it for probate. You should file a Petition for years support and ask that the lot be given to you as years support.

1 Answer | Asked in Probate for Georgia on
Q: My nanny passed away 2020, My older sister was/is executor but has yet to do anything with the will. what are my options
Nina Whitehurst
Nina Whitehurst answered on Apr 19, 2021

If the executor named in a will does not take action to start a probate case within a reasonable time, any interested party can file a petition to have himself or herself appointed instead. You would be a logical candidate. You start by contacting a probate attorney in the vicinity of where your... Read more »

2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: My father died with out a will. I have siblings born out of wedlock , no DNA results. Probate Court worth COUNTY Ga

They are not legitimate through Superior Court are they heirs? The courts asked for a list of siblings I only gave my whole brothers and sisters but the ones born out of wedlock started calling and got on the probate Court Records as heirs how is this possible. I'm the administrator but... Read more »

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

As Administrator, it is your job to file a Petition to Determine Heirs. Each person who thinks he is an heir will have to prove to the judge how he is an heir. This type of action is best handled with attorney assistance.

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1 Answer | Asked in Civil Litigation and Probate for Georgia on
Q: my husband passed away February 17th 2021we were separated he was staying with friends and who stole all his belongings

I have receipts I know people that have bought the stuff and I know the stuff was there my daughter went in and seen it after he passed away she was not allow me in the house.

Michael D. Birchmore
Michael D. Birchmore answered on Mar 17, 2021

I am very sorry for your loss. We hear of this type situation frequently. You can report all of this to local law enforcement, but I am thinking you may already have done so and not gotten much encouragement from them.

Unfortunately, unless there is plenty of specific information (video,...
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1 Answer | Asked in Contracts, Estate Planning, Civil Litigation and Probate for Georgia on
Q: My fiance died. We lived in the home together but his mother is cosigner. She stole our bed and won't let me have it.

What do I do to get it back? He died in that bed with me.

Homer P Jordan IV
Homer P Jordan IV answered on Mar 15, 2021

My condolences regarding your fiancé passing. You may want to try asking her nicely if you can have it simply because it has sentimental value to you.

1 Answer | Asked in Probate for Georgia on
Q: My brother dies in Georgia without a will I'm the only heir how do I proceed do I need probate.

His property is probably only worth 200000 at most I didn't know if I needed to go through the court or how I needed to handle things.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Mar 10, 2021

It depends completely on what kind of property your brother owns. If it is real estate, bank accounts, etc., you have to open an estate for him in order to transfer the property to the next of kin. If his property is from life insurance or other beneficiary designated accounts, you should be able... Read more »

1 Answer | Asked in Juvenile Law and Probate for Georgia on
Q: 17 year old laws on partial parental consent to leave home

I'm 17 (living in georgia) and I have my father's consent to move out on my own, but not my mother's consent, am I still able to leave? Does it need to be unanimous, or is it ok if you only have ones permission. I've been reading up on GA law and under Georgia Code - 15-11-2 ,... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Mar 5, 2021

OCGA Section 15-11-2(10) states:

(10) "Child" means any individual who is:

(A) Under the age of 18 years;

(B) Under the age of 17 years when alleged to have committed a delinquent act;

(C) Between 18 and 21 years of age and receiving extended care youth...
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1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: i am my grandmother's heir at law. Her son, my father, was deceased before my grandmother.

He was not named in the will. Am i entitled to inherit anything from my grandmother's estate as heir at law?

Also, am I required to sign the petition to probate will?

Homer P Jordan IV
Homer P Jordan IV answered on Mar 2, 2021

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

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.

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