Lawyers, Answer Questions  & Get Points Log In
Georgia Probate Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: My friend died and I paid to bury her. Can I get paid back from her estate before the money is paid to beneficiaries?

I know that she has money in the estate.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2024

In the situation where you've paid for your friend's burial expenses and you believe there are funds in her estate to reimburse you, it's important to understand the legal process for handling debts and distributions from an estate. Generally, creditors, including individuals who... View More

1 Answer | Asked in Civil Rights, Elder Law, Federal Crimes and Probate for Georgia on
Q: A will was legally filed in probate, and the daughter was also the executor and. Inherent: why wasn't her name changed?

The inherent name was not changed from the deceased to the legal person. It was not recorded, nor did the money on the loan was reported to the credit bureau. The mortgage company and Fannie Mae illegally to the home. There are documents to prove it. It was also racially motivated, and a lot of... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 5, 2024

When a will is probated and an individual is appointed as the executor and beneficiary, the legal transfer of property, including changes to titles and accounts, requires specific actions to be taken. The failure to change the property title from the deceased to the beneficiary can result from... View More

1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: Inherited land. I am executor. Clerk if court said I had to re write the deed and submit another form.

Naming me executor. To transfer property ownership. Clerk of court, how do I go about this? And can I do this in my own or do I have to have a lawyer?

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 11, 2024

In most states there is no law that obligates an executor to hire an attorney. Just like fixing a car, you are free to do it yourself if you know how. But if you don’t know how you will get better results in the long run if you hire an expert. And just like fixing a car it is also often cheaper... View More

2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: Is my late uncle's wife entitled to his part of the inheritance?

My grandmother passed away a few years ago. Her house was left to her surviving children. Recently, 2 of his siblings passed away, both with leaving children of their own. My dad and his sisters want to do a major renovation on the house, but my uncle's widow is insistent that she's... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 4, 2024

In Georgia, the rights of a surviving spouse to an inheritance depend on how the estate was structured and the specifics of the will, if there is one. When your grandmother passed away and left her house to her surviving children, the inheritance rights would typically follow her will or, in the... View More

View More Answers

2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: Is my late uncle's wife entitled to his part of the inheritance?

My grandmother passed away a few years ago. Her house was left to her surviving children. Recently, 2 of his siblings passed away, both with leaving children of their own. My dad and his sisters want to do a major renovation on the house, but my uncle's widow is insistent that she's... View More

James Clifton
PREMIUM
James Clifton
answered on Jan 3, 2024

It depends on whether your grandmother and uncle had a will. If neither of them did, then your uncle's wife and your uncle's children inherit his portion of the property. The husband and children of your aunt who is also deceased are also joint owners of the property. If your uncle or... View More

View More Answers

1 Answer | Asked in Probate for Georgia on
Q: My father died and I need help getting my part of the house he left me and my sisters.

My father died and the house was s split amongst my sisters and myself. I have begged my sister for years for my part of the house but she ignores me. She also lives in the house. She also forged my signature onto the will. I guess my wife question is... Is there a lawyer out there who wants to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 1, 2024

In a situation like yours, where there's a dispute over inheritance and allegations of forgery, it's crucial to consult with an attorney experienced in probate and estate law. They can help you navigate the legal complexities of your case and work towards securing your rightful share of... View More

1 Answer | Asked in Probate and Criminal Law for Georgia on
Q: My sister was sentenced to RSAT she's been sitting at county for 4 months now, is there some kind of motion she can file

To go to another program like six months at probation detention center

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 1, 2024

In Georgia, if your sister is currently waiting to be placed in the Residential Substance Abuse Treatment (RSAT) program but wishes to explore alternatives like a Probation Detention Center, there are legal steps that can be taken.

First, it's important to consult with her attorney or...
View More

1 Answer | Asked in Probate for Georgia on
Q: Which law applies in the case a deceased person has no will and owns property in a different state.

Deceased person owns property in Tennessee but died in Alabama. The property is only in their name and deceased left two biological heirs. In addition the property was owned prior to the second marriage. The deceased has no records of other properties in their name. Based on my research if the... View More

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 29, 2023

The law of the state in which the decedent had lived prior to death is the law that applies with respect to real estate owned in that state and also personal property wherever located.

If the decedent had real property in a state OTHER than the state in which he resided prior to death,...
View More

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: What steps should I take to have deeds from my father's home changed to my name I'm his only child he passed last decemb
James Clifton
PREMIUM
James Clifton
answered on Dec 22, 2023

You will need to file probate. The form of probate you need to file depends on whether your father left a will or not. If your father left a will, you will need to probate the will in solemn form. It is usually a better option than probating the will in common form. If your father did not leave a... View More

2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: My father died unexpectedly last December 9th and I am his only child. What type of attorney should I search for and

What steps should I begin taking to have the deeds transferred to my name

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 23, 2023

In Georgia, handling the estate of a deceased parent, especially transferring property deeds, requires specific legal steps. You should look for an attorney experienced in probate and estate planning. This type of attorney will guide you through the process of administering your father's... View More

View More Answers

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: My domestic partner of 10 years passed away named me as beneficiary on insurance however, no will. Do I have rights?

We have resided together for past 10 years. After the funeral the father told me to stay in the house because that is what his son would have wanted. 3 days later different story he said that he and sister have to sell the house to pay the lawyers. They also have all monies from bank account and... View More

James Clifton
PREMIUM
James Clifton
answered on Dec 10, 2023

If you were not legally married in Georgia or another state, then your rights will be limited to what is in writing. If the life insurance policy lists you as the beneficiary, you will be entitled to the insurance proceeds. Unfortunately, if there is no will, your rights will be limited. Schedule a... View More

1 Answer | Asked in Consumer Law, Real Estate Law and Probate for Georgia on
Q: Does Regulation Z's Ability-To-Repay Rule to Certain Situations Involving Successors-in-Interest apply to me, in GA?

I am seeking clarification of the Application of Regulation Z's Ability-To-Repay Rule to Certain Situations Involving Successors-in-Interest, pertaining to Successors-in-Interest who do not have the title to a property. It is my understanding that this rule was intended to prevent predatory... View More

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2023

Loan assumptions absolutely do not transfer title. You probably need a probate for that, but this is state-specific and you did not say what state the property is in. You also did not say whether the property is residential or not, and that matters too.

Lenders are all too happy to accept...
View More

1 Answer | Asked in Landlord - Tenant, Estate Planning and Probate for Georgia on
Q: Can a person that is a temporary administrator determine who can live in the deceased’s home or who needs to be evicted?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 21, 2023

No, a temporary administrator does not have the authority to determine who can live in the deceased's home or who needs to be evicted. This is because a temporary administrator is only appointed to manage the estate of the deceased until a permanent administrator or executor is appointed. The... View More

1 Answer | Asked in Probate for Georgia on
Q: My father passed with no will. Three adult children agree that mom should have everything. Is probate necessary?

House with small mortgage and bank account in his name only. Investment account, pensions and two small debts. Does she need letter of administration or is this all considered marital property? Or just year of support form filed with court? Dekalb County, Georgia.

James Clifton
PREMIUM
James Clifton
answered on Nov 11, 2023

You have two options: 1) file a formal administration, or 2) file a petition for no administration necessary. Since he did not have a will, formal administration would be necessary if the creditors do not agree to the no administration necessary. Some or all of the assets may not be subject to... View More

2 Answers | Asked in Family Law, Probate and Arbitration / Mediation Law for Georgia on
Q: What happens after you sign in mediation?

I have a signed mediation agreement and now the other party will not sign the final order to go to the judge and her lawyer keeps changing the agreement after mediation is over.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 6, 2023

If you have an attorney you should speak to your attorney about any changes the opposing attorney has attempted to make after mediation ended. If you are representing yourself you could file to enforce the mediated agreement. But there is not a form for that. If a final order was drafted by... View More

View More Answers

1 Answer | Asked in Probate for Georgia on
Q: Dad passed away. Fidelity tells me I am entitled to benefits. It's been 6 weeks, they are calculating before sending.
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 25, 2023

If you've been informed by Fidelity that you are entitled to benefits following your father's passing, but it has been six weeks and the benefits have not been disbursed, it's advisable to follow up with Fidelity to check on the status of your claim and the reason for the delay. You... View More

1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: Husband passed away owning royalty rights in LA. Rights were devised to me. How do I get them changed into my name?
James Clifton
PREMIUM
James Clifton
answered on Oct 15, 2023

Your husband's will needs to be probated. After it has been probated, the executor should provide the royalty administrator with a copy of the will, the death certificate, the letters testamentary, and a request to transfer the royalties to you. Once that has been done, the royalty... View More

1 Answer | Asked in Probate and Gov & Administrative Law for Georgia on
Q: My step-brother, who was never adopted by my father, has had his name listed on my father's death certificate as son.

What can be done to correct this in the state of Georgia

James Clifton
PREMIUM
James Clifton
answered on Oct 10, 2023

You can send a request to amend the death certificate to the Department of Public Health. If a funeral home was involved with the arrangements following the death of your father, they may be able to assist with the correction. If you need additional help with probate, schedule a free consultation... View More

1 Answer | Asked in Probate for Georgia on
Q: Both my mother and step-dad had their wills done at the same time. Which will stands good or to go by?

My step dad and mother had wills done at the same time. My step dad passed away, two years later My mother passed. My siblings and I agreed I take over the payments of the house and I buy them out instead of selling the house. The agreement was if one of the children purchase then we pay what they... View More

John Michael Frick
John Michael Frick
answered on Sep 30, 2023

Since your stepfather died first, you should have received 50% of the home subject to the mortgage.

If your stepfather’s estate didn’t make other arrangements to pay off the mortgage, you and your mother likely would have had to refinance to pay off that mortgage, with you and your...
View More

1 Answer | Asked in Probate for Georgia on
Q: I have a will. From my deceased wife. I need to file a probate case. To get my name on house insurance and the deed.
James Clifton
PREMIUM
James Clifton
answered on Sep 19, 2023

You will most likely need to probate the will in solemn form. If you are also named as the executor, once you are appointed as executor with letters testamentary issued, you can then transfer the property into your name once the creditor claims period has expired. You can also manage insurance and... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.