Skip to main content
Robert W. Hughes Jr.
Avvo
Pro

Robert Hughes’s Answers

400 total


  • Can I sue/claim/take someone to court over an estate if there was no will at the time of death. See details.

    My father died in 2007 w/o a will. He was married and her family told me at the time of his death that we the heirs were not to receive anything in the state of GA when there was no will his wife is to receive the entire estate. His wife died by ...

    Robert’s Answer

    While it is a long time since your father passed away, you can petition to open his estate. This is the only way you will find out what you need to know about the things your father owned at his death that should have been divided between the surviving spouse and your father's children.

    See question 
  • Why do she need to probate the will and if so, how long after the death do she have to probate?

    My Mom passed left a will with my sister being the executor. There is only a house worth about $90,000. None of the surviving siblings have any rejections to her being the executor.

    Robert’s Answer

    Assuming the house to be only in your mother's name, your sister should probate the will so she can retitle the house in the name of whomever is supposed to inherit the house. She should probate the will as soon as she is ready to do so. If someone has an original will of someone who died, that person is required to file the will with the local probate court. You do not have to offer it for probate, but it must be filed with the court. Generally, wills must be filed within 5 years of someone's death or there is a presumption that the deceased person did not have a will. I would suggest filing the will as soon as the shock of the "passing" is gone and people are getting back to normal in their lives.

    See question 
  • Do I, Lisa inherited my mom Sarah estate that aunt Mary left her in 2006? Or do it goes to the living alternate Gray?

    Lisa been court appointed over her deceased 2015 mom's estate, mom name is Sarah... deceased 2006 aunt Mary left Sarah executor over her estate...aunt Mary also name a close friend to be the alternate executor name Gary....

    Robert’s Answer

    You need to have a lawyer review Mary and Sarah's estate documents. Some wills require the beneficiary to live longer than the testator (the person who wrote the will). Other times, survival is not required. If there is no will, then children of a beneficiary will usually inherit the property that the deceased beneficiary would have received.

    See question 
  • Can I claim the unclaimed property dividend checks from long ago stock of deceased father? If I give proper evidence I am kid?

    Unclaimed dividend checks were turned over to GA from stock purchased when dad was born. He married a 3rd wife & who died 2012. I know she is the recipient of his estate, but killed self. I called the state uncl. prop.to get checks and was told th...

    Robert’s Answer

    Because your father's wife outlived him, his estate should have been split between the wife and you. If she filed for a year's support and was awarded the stock, she is entitled to dividends if they were paid after she became the owner of the stock. If the dividends were paid before she inherited the stock, then it needs to run through your father's estate.

    See question 
  • Father died testate. One of the married heirs died intestate. Probate of will not final. Is husband entitled to inheritance?

    Heir also has two children, one a minor. Father appointed two heirs to be executors. They are not handling the affairs of the estate properly and the other heirs are considering petitioning the court to have them removed. Thus far, any bank accou...

    Robert’s Answer

    I cannot tell from your question who the “husband” is. I assume him to be the spouse of the heir who is dead. If so, then the answer to your question depends on whether the heir died before or after the Father.

    If the heir died before her father, then, depending on the wording of the Will of the Father, the heir might be entitled to an inheritance. Most wills require that the beneficiaries survive in order to inherit. So, you need to read the will and see if the heir must survive in order to inherit. Usually, the will says something, “if XXX does not survive, then YYY shall take XXX’s inheritance” or something like that.

    On the other hand, if the heir died after the father, then the estate of the heir is the proper beneficiary of the Father’s estate. You will need to open an estate for the heir in order to receive the inheritance from the Father’s estate. Since the heir died intestate, the husband and the heir’s children will share in the inheritance with the spouse taking no less than 1/3 and the children sharing the remainder.

    See question 
  • My step mother says that my father signed a will, me and my sister think he wasnt of sound mind when he signed it, can we fight?

    My father died October 4th from a brain tumor. He was diagnosed in June of this year and began chemo/radiation in late June. I was informed today by a lawyer , by phone, that my father "signed" a will typed up by my step mother in July, leaving ev...

    Robert’s Answer

    On the surface, you have legitimate concerns over testamentary capacity and probably undue influence. You should seek out a lawyer who specializes in probate litigation to assist you. You shoudl sign nothing sent to you by yoru stepmother.

    See question 
  • What rights do i have over my passed away mother estate my father is trying to take but has no rights

    He has not been part of anything for 20+yrs and he is remarried also and DoD three quick claims making sure he has no rights now I'm facing felony charges for protection the property her cars was missing diamonds more when her next door friend ca...

    Robert’s Answer

    When your mother died, she either had a will or she did not. If she had a will, and it includes your father even though your mother and he divorced more than 20 years ago, her will controls who gets what. There is a law concerning the inclusion of an ex-spouse in a will if the will was created before the divorce. Don’t know if that is applicable to you or not.

    If there is no will, then your mother’s estate needs an administrator appointed. If you are the only child, and your mother was not remarried, you are the only heir and you should apply to be appointed administrator. You need to be careful to identify exactly what your mother owned at her death. Many times, people will get divorced, but they will not change the title to real estate after the divorce. That creates very difficult situations when one of the spouses dies. You should consult an attorney who specializes in probate work immediately.

    See question 
  • MOM AND DAD HAD 13 CHILDREN,9 BOYS AND 4 GIRLS.TWO SISTERS AND ME SURVIVED. WHO OWNS THE ESTATE? THEY WILL NOT TALK TO ME.

    WHERE IS THE HOUSE DEED. THEY WILL NOT SHARE ANY INFORMATION ABOUT THE HOUSE OR PROPERTY. PLEASE ADVISE.

    Robert’s Answer

    I am not sure who “they” are that are not sharing information. If you and your two sisters are the surviving children, then you have a right to become administrator of the estate if there is not a will. If there is a will, then you need to send a letter to the executor asking that the executor tell you what is going on. If this does not work, you can file a Petition for Settlement of Accounts with the probate court where the will was filed.

    See question 
  • What to do!!!!!

    My father recently passed and my aunt had a petition to probate a will in solemn form drawn up....me and my siblings were left out of the will and everything was left to a dog which was left to her...I don't feel that my father was in the right st...

    Robert’s Answer

    You will need not to acknowledge the will and file an objection to the will in the probate court once your aunt files the will for probate. You only have 10 days in which to file your objection once the will is filed with the probate court. You will need an attorney to assist you with this matter.

    See question 
  • If I am an Administrator of a property and I am also an heir to the property what I need to do to get my name vested on title?

    There are two other heirs who don't want to have anything to do with the property and have expressed no interest in it.

    Robert’s Answer

    I assume there are three heirs, with you being one of them. I further assume that the two heirs who want nothing to do with the property will sign a document stating as much. If so, you need a renunciation from the two people who do not want the property and you need to prepare an Administrator’s deed to transfer the property to you. You also must make sure all debts are paid before transferring the house to yourself unless you are planning to pay the debtors personally.

    See question