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Robert W. Hughes
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Robert Hughes’s Answers

380 total


  • Disclosure of Estate activity

    The administrator to my mothers estate is not willing to release any activity of the estate to me and is telling me that I may only receive this once the estate is closed. I am in the process of trying to find a knowledgeable attorney that I can a...

    Robert’s Answer

    She has 60 days to file an inventory. You would be hard pressed to get a court to act within 6 months of her appointment. Because she had to post a bond, you are protected from her misdeeds. After six months, you can file a demand for settlement of accounts. That will result in you getting the accounting you want.

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  • Dad passed away and left a house. but my grandmothers name was on the deed to the house. but I have proprietorship

    is there any way I can get my dad house or at least his portion

    Robert’s Answer

    It all depends on how the deed is written. You shoudl contact a probate laweyer for help. Once you know how the deed is written, a good lawyer will know how to help you if youo do own the property.

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  • How long do I have to claim this estate ?

    Dad I never knew passed in Feb . Get letter May first saying he wanted to leave his estate to his mother but the papers were not sent in and legalized so it's now mine. It's June sixteenth and I have received no paper work from this lawyer that co...

    Robert’s Answer

    You should contact a probate lawyer in Bay County, Fl.

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  • Can Debt collectors collect a debt if there is no estate, all assets were jointly owned except a small retirement and coke stock

    My mother passed away 2 months ago. A debt collector wants us to pay her solely owned debt. All assets were jointly owned with my father except a small $667 a month retirement and $10,000 coke stock that she was beneficiary of from her parents and...

    Robert’s Answer

    It sounds like all the assets pass by operation of law, or they have beneficiary designations attached to each. If that is so, you should tell the collectors to open an estate if they want to be paid. You should return all envelopes addressed to your mother to the sender without opening the envelopes.

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  • Do I need to file in probate court to get a title of a car that is in my husband's name and mother in laws name.

    They are both deceased.

    Robert’s Answer

    I am assuming from your question that your mother in law died first and then your husband died. You should be able to take death certificates for each to your local tag office along with the car title. Usually, a clerk there can change the title to your name. If that does nto work, you will need to open an estate for your husband's estate.

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  • For the Final Return for a Will in Georgia, if I don't do it myself, should I have a probate lawyer or an accountant do it?

    I'm the Executor for my mom's Will in Atlanta (DeKalb County). I've handled all the paperwork so far on my own with an occasional lawyer review. It's time to file the Petition to Discharge. I hired a probate lawyer to do the Final Return and calcu...

    Robert’s Answer

    First of all, a final return is not required unless the court ordered you to file a final return. If your siblings are OK with your work thus far and will sign a Consent to Final Discharge, you should be able to simply file a Petition for Discharge. If the heirs will sign your Consent to Discharge when they get their last payments, then simply write the checks, get the consents and file the discharge papers. No accounting required.

    If you need to prepare an accounting, a lawyer or accountant can handle it. There is a form that each probate court uses for the accounting. Stop by the Dekalb County Probate Court and get the required form.

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  • Inherited my parents home along with my 5 siblings will states home left to all five but 2 can live there indefinitely

    I am retiring want to sell my part any way I can do this

    Robert’s Answer

    First of all, I assume the will has be accepted for probate. Second, I assume the willnis properly drafted to give two of your siblings what is called a life estate. Third, I assume the will makes clear the financial obligations of the estate and the siblings living in the house as it relates to the expenses associated with the house like insurance, taxes, maintenence, utilities, etc.
    If my assumptions above are correct, you are free to sell your remainder interst, but it is highly unlikely anyone will buy it at any orice.
    If any of tge assumptions I have made above are not accurate, or if the probate court has not interpreted the will for you, you should petition that court to interpret the will for you to make sure that you have read it properly and your parents properly drafted a life estate for your siblings and delineated the responsibility for the expenses associated with the house.

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  • Can a will from an individual who passed away in Florida be probated in Georgia?

    No details

    Robert’s Answer

    Generally speaking, you would begin the process in Florida where the individual was when he died. However, if he was a Georgia resident who happened to be in Florida when he died, you can probate the will in Georgia in the county where the individual lived. Also, if the individual did not own any property in Florida, but did own property in Georgia, you could probate the will in Georgia even though the individual may have resided in Florida.

    You should contact a probate lawyer to get a better understanding of your options.

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  • My husband is deceased. I need advice on how to get the correct paperwork so I can sale his personal property.

    Sale his personal property

    Robert’s Answer

    As the surviving spouse, you have the preferred right to be the personal representative of your husband's estate. Whether you should do that cannot he answered with the information provided. Also, unless there are other heirs, you are entitled to all of your husband's assets, including his personal property, and you should not need any particular paperwork to do so.
    You are eligible to file a petition for year's support and that might be an appropriate document to file with your local probate court. You should speak with a probate lawyer to determine how you should proceed.

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  • I'm the Executor of my mother's estate in Georgia; my 3 siblings and I are the heirs. My brother won't give a current address.

    On our last meeting, he shoved me to the ground and stole a check for advance on his inheritance which I had written out to him, for which I first wanted a signed receipt. He moved abruptly that day and has since refused to provide me with a forwa...

    Robert’s Answer

    You should go back to your lawyer for additional advice. He knows more about your case than anyone else. If you have terminated that relationship, you should make sure that lawyer withdraws from your case. Generally speaking, you must either pay your brother or deposit the money into the registry of the court.

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