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Robert W. Hughes Jr.
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Robert Hughes’s Answers

403 total


  • Can I avoid probate in Georgia if there is no will but only one heir?

    My father-in-law recently passed away and we are wondering if we will have to go through probate in Georgia if there is no will but only one heir.

    Robert’s Answer

    I assume the only heir is your spouse? If so, it depends on what your father in law owned at his death. If he owned real estate in his name only, then chances are that you will need to go through probate. If he had bank accounts or financial accounts in his name only, then you will probably need to go through probate. You need to compile a list of assets he owned, then call a probate attorney to get a better answer to your question.

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  • Can I open an Estate Acct alone?

    I need to open an Estate Account with two people on Letters of Testamentary? We have agreed to let me open it in my city as we live in different cities. I have all of the documents and the check. How long can we hold the check before making the de...

    Robert’s Answer

    Joint letters testament are normally require joint action. Therefore, I would expect tour bank to require all three signatures to open the account. After that, if all three agree for you to handle, I would get something in writing from the others and then conduct business through online banking

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  • Am I entitled to a copy of my Father's Will if I am named in it and it is not being probated?

    My father passed away 3 months ago. He and I discussed that he had not updated his will in 10 years, but my brother, sister and I were named in it. My step mother has advised me that she was told she did not have to probate his Will. No other deta...

    Robert’s Answer

    You are entitled to a copy of the will when it is offered for probate. If your step mother will not submit the will to the probate court, you should ask the probate court to compel her to file the will with the court.

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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