Robert W. Hughes Jr.’s Answers

Robert W. Hughes Jr.

Stone Mountain Probate Attorney.

Contributor Level 13
  1. My mother passed away September 27, 2011 due to Small Intestinal Blockage/Respiratory Failure Family needs "willing attorney"

    Answered about 1 year ago.

    1. Josh P Tolin
    2. Loraine M. DiSalvo
    3. Celia R Reed
    4. Glen Edward Ashman
    5. Robert W. Hughes Jr.
    6. ···
    12 lawyer answers

    If you are looking into a medical malpractice case, the statute of limitations in GA is 2 years. You need to retain an attorney immediately to determine whether you have a good claim.

    10 lawyers agreed with this answer

  2. MY PARENTS HAVE PASSED AND MY BROTHER WANTS TO SEEL THE HOUSE. WE HAVE NOT PROBATE YET.

    Answered over 1 year ago.

    1. Loraine M. DiSalvo
    2. Robert W. Hughes Jr.
    3. Glen Edward Ashman
    4. Dawn Renee Levine
    4 lawyer answers

    You will need to file for probate before you can sell or transfer the house. There are a very few exceptions to that rule that do not seem applicable to your facts.

    6 lawyers agreed with this answer

  3. Can I be an administrator of estate if I am a convicted felon

    Answered over 1 year ago.

    1. Robert W. Hughes Jr.
    2. David Michael Lawler
    3. Glen Edward Ashman
    3 lawyer answers

    Being a convicted felon does not automatically disqualify you from being an administrator. Most administrators have to be bonded with a surety bond, or probate bond, so the conviction may create an obstacle to your getting a bond. Assuming you can get a bond, and assuming you are one of the people who can apply to be administrator, then the felony conviction will not keep you from being an administrator.

    6 lawyers agreed with this answer

  4. How can property be conveyed to a spouse, included in all paperwork, but not recognized by the bank as the loan payer?

    Answered about 1 year ago.

    1. Dana P. Shaffner
    2. Glen Edward Ashman
    3. Robert W. Hughes Jr.
    4. Celia R Reed
    5. Darrell Brinnett Reynolds Sr.
    6. ···
    6 lawyer answers

    Because you are the surviving spouse, you can file a Petition for 12 Month's Support and ask the Porbate Court to award you the house. If no one objects to your petition, the court will order the house to be placed in your name exclusively. This does not address the issue of the bank recognizing you as a borrower. If your name is not on the security deed, you are not obligated to pay the mortgage. However, if you wish to remain living in the house, you will need to make the mortgage...

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  5. When a Years Support is granted, would I be considered the executor of the estate?

    Answered 6 months ago.

    1. Tanner Woods Pittman
    2. Robert W. Hughes Jr.
    3. David Michael Lawler
    4. Glen Edward Ashman
    4 lawyer answers

    No, you will not be the executor and you will not receive Letters Testamentary. Your Year's Support Order should include should have included the bank account. If the bank account has less than $10,000, you should be able to simply go the court and tell the court to pay you the money in accordance with O.C.G.A. 7-1-239. As surviving spouse, you are entitled to the money regardless of not having Letters Testamentary.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Can a will be changed where as step children don't receive what both parent's agreed on?

    Answered about 1 year ago.

    1. Robert W. Hughes Jr.
    2. Loraine M. DiSalvo
    3. Ruth Elaine McMahon
    4. Steven M Zelinger
    5. Celia R Reed
    6. ···
    6 lawyer answers

    This is a very fact specific issue. Wills can be changed at any time if you are competent to do so. Many couples create wills at the same time so that they can accommodate each person's individual children as they see fit. Unfortunately, after the first parent dies, the second one can create a new will leaving the stepchildren out. There are some cases where the spouses contracted with one another not to change things after someone dies. There is also a way to draft the wills so that the...

    5 lawyers agreed with this answer

  7. Do I need a probate lawyer?

    Answered about 1 year ago.

    1. John Cleveland Hill
    2. Robert W. Hughes Jr.
    3. Joseph Franklin Pippen Jr.
    4. Celia R Reed
    5. James P. Frederick
    5 lawyer answers

    The addendums are not part of the will unless the court said they were valid codicils. Therefore, if the will was admitted without the addendums or codicils, you can challenge the executor's actions. However, be aware that most wills give the executor broad powers that he may have to put the intentions of the testator through the addendums into effect by merely using the broad powers the will gives him. You definitely should see lawyer about this matter before taking any further steps.

    5 lawyers agreed with this answer

  8. Recourse against a Probate Judge

    Answered over 1 year ago.

    1. Tanner Woods Pittman
    2. Glen Edward Ashman
    3. Joseph Franklin Pippen Jr.
    4. Robert W. Hughes Jr.
    4 lawyer answers

    The decision of a probate judge an executor is appealable to either the superior court of the same county as the probate court, or the Georgia Court of Appeals or the Georgia Supreme Court. If the county is Habersham County, then the appeal would go to the Habersham Superior Court.

    5 lawyers agreed with this answer

  9. My son died in May of this year. He had a live in girlfriend and a 2 year old daughter with her. He also has a 9 year old.

    Answered about 2 years ago.

    1. Robert W. Hughes Jr.
    2. Richard Michael Morgan
    3. Glen Edward Ashman
    4. Rachel Aliza Elovitz
    5. Ikemesit Amajak Eyo
    5 lawyer answers

    Assuming he was not married to either of the women, you are the person who is next in line to be the permanent administrator. However, given that this is an emotional issue for you and one of the ladies is giving you trouble; you may want to ask the court to appoint the county administrator to be permanent administrator. There is not much you can do with Temporary Letters of Administration. Ann Herrera is one of the county administrators in Dekalb County. OF course, you can apply to be the...

    5 lawyers agreed with this answer

  10. What exact rights do I have to petition the probate court?

    Answered about 1 year ago.

    1. Robert W. Hughes Jr.
    2. Glen Edward Ashman
    3. Amy Marie Yarkoni
    4. James P. Frederick
    5. Celia R Reed
    5 lawyer answers

    Your answser lies in Juvenile Court of the county in which you reside. Go see a hearing officer in that court to begin the process. However, be forewarned, that you could end up in DFACS custody and your parents could end up in jail if you are severely deprived. You sould like a bright kid. I would think you could convince your paretns to go with you to a family counselor who could help each of you understand where the other is coming from,

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We work throughout the State of Georgia to help you with your probate issues

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