Skip to main content
Robert W. Hughes
Avvo
Pro

Robert Hughes’s Answers

370 total


  • GA estate was handled by a Florida resident, fraud was discovered, estate has been closed, Criminal charges?

    Properties were sold under deception, properties have "dirty deeds" and are still unsettled. Did not provide initial inventory and did not provide final accounting, heirs objected to closing estate, probate judge accepted her petition for closure ...

    Robert’s Answer

    There could be a criminal component to what you are describing. If documens were forged, then a crim might have occured. Talk to the district attorney in the county, and state, where the forgery occurred. Otherwise, you have a civil action against the executor for breach of fiduciary duty. However, that claim might have been waived if you consented to the discharge, or if you did not appeal the probate court issuing the discharge. You definitely need to consult with a probate lawyer to help resolve this matter.

    See question 
  • I'm an only heir to my mom n brothers estates, the executor still hasn't settled or signed over anything

    Can I force executor to sign over estates, its been 3 years n executor hasn't done anything, or ask for executor to be removed if so wheredo i get prproper paperwork

    Robert’s Answer

    You should file a Petition for Settlement of Accounts with the probate court. That will cause things to resolve quickly.

    See question 
  • My widowed mother passed on April 1 of this year. I am the only child. I have been to probate court for the house but what next?

    The house is financed through Wells Fargo Bank & I want to take over the payments & have the home put in my name but they are giving me a hard time. Mother did not have a will as she was almost 90 years old with Dementia, among other things. I hav...

    Robert’s Answer

    You are struggling with two unrelated issues. Placing the real estate in your name is a probate issue. Your other issue is handling the mortgage. You cannot get anyone to help you with that other than a lender, but you may not want to worry about that.

    I assume you have filed a Petition for Letters of Administration? If you have, then you simply need to wait until the court issues Letters of Administration to you. After they are issued, you can transfer the real estate into your name with an Administrator's Deed. You also have many other duties you need to undertake, but at least the first of your issues is addressed and resolved.

    As for your second problem, you may be working hard to achieve a goal that is not necessary. Under federal law, the lender must keep accepting your payments and can take no action to call the loan due. Therefore, you do not need to do anything related to the mortgage. However, if you do not like the mortgage, for whatever reason, you will need to obtain a new mortgage. To do that, you have to independently qualify for a new mortgage. Quit screwing around with Wells Fargo, the worst idea for a bank since the inception of national banking. Find a good mortgaeg broker, and go apply for a home loan if you want a new loan. If you can't qualify for a new mortgage, just keep paying the exisitng mortgage and enjoy your new home.

    See question 
  • If my husband pass away , and he has stock but does not have a beneficiary, and no small dependent children

    Husband dead

    Robert’s Answer

    I presume you are asking what happens to the stock? It belongs to your husband's estate to be administered with the rest of his estate. As the surviving spouse, you can seek a years support from the Estate. You should seek competent probate counsel.

    See question 
  • Where can i find a request of account to date from estate admin?

    my husband is one of 3 heirs and his cousin is the admin. he has decided to do whatever he wants with the will by splitting it 4 ways when it was won 3 ways and not telling us anything. the will was won in august 2013 AND still not finished

    Robert’s Answer

    I cannot tell from your question what the underlying dispute is except that your husband has not received sufficient information to allow him to know if he has received or will be receiving the correct inheritance. This is a difficult problem to attack without a qualified probate attorney. However, what needs to be done 8s to demand a proper accounting from the executor.

    See question 
  • Father died without a will in GA. I am his only son and want to take his truck to FL so it is not sitting out. Is this legal?

    My dad died and left no will. His house will be sitting empty and I would like to take his truck which is paid for, home with me to FL. I have a copy of the title. Is this legal or do I need to wait until after everything goes through probate?

    Robert’s Answer

    You should be aware that the insurance might have cancelled on your father's death. You are better going to the tag office with the title and a death Certificate and asking the tag office to change the title to you. Then, you can take the car to Florida.

    See question 
  • Does a home with a reverse mortgage have to be probated?

    When my father passed this past Jan. his will specified all assets be sold and the money divided equally. My brother and myself were named as the executors and there is no problems with the dividing of moneys but dad had a reverse mortgage and the...

    Robert’s Answer

    First, if the hosue is in TN, you need a TN lawyer to explain the laws of TN to you. If the house is not upside down, you generally have to go through probate to sell real estate.

    See question 
  • How do I prove to Georgia and Fed Gov. that no taxes are due so we can close the estate's bank account and distribute the last $

    Last parent died OCT 2011. Not much $ at stake. My brother and I named executors in wills. Will probated. Sold only home and contents $135k. Final individual tax return filed in 2012. Created ESTATE bank account. Paid all bills. Distribu...

    Robert’s Answer

    You need to file a Petition for Discharge showing the court that all money has been paid out. The estate would only be required to file a tax return if it earned interest or other income. I would get a CPA to tell you that a return is or is not necessary. After learning that it is not necessary, pay the remaining money out, get your brother to sign the Consent to Discharge that is part of the Petition and file with the probate court. That is all that is necessary.

    See question 
  • Time limit for distribution of an estate not in a trust?

    The final part of an estate that I am an heir to closed March 10, 2015. I am trying to find out how long I need to wait for the distribution of the funds? There is nothing owed on the estate due to the fact the first half of estate sold and paid ...

    Robert’s Answer

    The administrator should have filed a Petition for Settlement of Accounts and Discharge if he has closed the estate. That petition should have listed payments he was going to make to the remaining heirs, beneficiaries and creditors. Once the court signs the order approving of the final settlement, you should receive your check with a couple of weeks. If a new heir has stepped forward, but everyone knew he existed bust simply could not find him, his money should be held in escrow by the administrator pending him showing up. It should not effect your distribution. If the heir showed up and no one knew about him, then everyone might have to give back some of their inheritance. It could be that the new arriving heir has waived any right to an inheritance.

    See question 
  • How do i file a will in fulton county ga?

    I have my dads will and it is signed and ready to go (along with a self-proving affidavit). I dont know what to do next.

    Robert’s Answer

    I can only assume your father has passed away and you are not merely interested in filing the will for safekeeping. You should go to www.gaprobate.org and download the form Petition to Probate Will in Solemn Form. Once you complete this form, and have obtained all of the signatures required by the form, take the form, the original will and a certified death certificate to the Probate Court in Fulton County and file the same. The charge for filing it will run somewhere between $100 and $200.

    See question