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Georgia Probate Questions & Answers
2 Answers | Asked in Family Law, Real Estate Law and Probate for Georgia on
Q: What can I do to make my sisters pay me my portion of our deceased fathers home ?

my father committed suicide and my two sisters and myself are all three equally inherited the house and are on the deed but my sister refuses to give my third one of the property and she was renting it out but now she has moved into herself full time ... and at first just blowed me off and now... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 5, 2022

You will probably have to hire a competent GA attorney to file an action for a Sale For Partition.

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2 Answers | Asked in Family Law, Domestic Violence, Legal Malpractice and Probate for Georgia on
Q: Please help me understand . I'm preparing for divorce and in my research online I come to find shocking documents.

Two marriage licence applied for 10 years apart are on the probate record on in 2011 when we married at the court house . The other issued Jan 21 2020 I had no knowledge or part in at all ? What can I do to unravel his mess of fraud , deception and abuse ?

Michael D. Birchmore
Michael D. Birchmore answered on Jan 4, 2022

Clearly, you need to meet with a family law attorney to help you figure out what is going on.

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1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: If there are two owners on a mobile home in SC, do both owners have to transfer title through the DMV to a new owner?

My dad and his wife owned a mobile home on 2 acres of land. My dad passed in 2014. The mobile home only was transferred to the wife’s daughter in 2015. My dads estate was filed with probate and only included the land. But the mobile home is still sitting on the land with the wife’s daughter... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jan 4, 2022

You are asking a question which can only be answered by reading through the laws of SOUTH CAROLINA. For South Carolina help you should post your question to the SC attorneys.

1 Answer | Asked in Probate for Georgia on
Q: Executor of the Estate in GA. Will the court pay me my Exector fee without asking them in front of kin or do I apply

Does court or lawyer bring this up when stored in as exector about my fees

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Dec 27, 2021

If you are the executor, you pay yourself the executor fees from the estate. The court does not pay you the fee. The court does not tell you to take the fee. That is something you need to handle with full disclosure to the beneficiaries.

1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Probate for Georgia on
Q: i have a confusing question

okay say this woman and man were married but only his name was on the house deed. They divorced and he married another woman. They seperate and he gets back with previous wife. but never divorces the other woman. but him and the first wife get back together (even though he still married to the... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Dec 7, 2021

The answer to your question is very simple. With all the respect I can muster, you MUST meet with a real estate attorney to ensure that this effort is done properly. If it isn't, you will forever regret your mistake.

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Do i need to probate

My mom had no will.She has no estate or assets besides her car. My sister says i can have the car. do we need to probate?

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Nov 6, 2021

How do you plan to get title to the car? You may still have to do a small estate probate. Did your mom own any real estate? I suggest you do a consultation with an estate attorney.

Ellen Deutsch Taylor

727 365-3121

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.

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