The probate court in Georgia requires careful preparation, including correctly filing specific forms and supporting documents. These documents will differ depending on the nature of the case and whether it’s contested or uncontested. This checklist outlines documents you may need to file, ideally with the help of a skilled probate lawyer. Core documents for filing...Read More

Probate can be tough. It gets even tougher when there’s no will, or when family members disagree about who’s related to the deceased. These disputes often revolve around heirship – the legal term for family relationships. When someone dies without a will, Georgia law determines who inherits their assets. But what happens when someone claims...Read More

Probate is an essential legal process. While it might seem complex and daunting, understanding what goes through probate can significantly aid in planning to protect your assets and provide clarity for your loved ones. Understanding probate Probate is a court-supervised process. It verifies the validity of a will and oversees the distribution of assets. If...Read More

At Robert W. Hughes & Associates, PC, we pride ourselves on delivering exceptional legal representation and achieving positive outcomes for our clients. Recently, our team successfully resolved a complex adversarial probate matter, securing a favorable settlement that upheld our client’s rights and interests. This achievement reflects our unwavering commitment to justice and our dedication to...Read More

Losing your spouse brings both emotional pain and unexpected paperwork. Georgia state laws require specific steps to handle your spouse’s estate while you’re grieving. This guide walks you through filing probate documents in Georgia counties, making a difficult process a bit more manageable. Understanding Georgia probate In Georgia, probate validates your spouse’s will and authorizes...Read More

What do you do when you think your parent has lost mental capacity and you are concerned about someone taking advantage of them? First, you need your parent’s doctor to examine her to determine whether your parent is competent. The family doctor may refer her to a neurologist for further cognitive testing. If the doctor...Read More

More often than you’d imagine, probate attorneys bump up against a statute of limitations only to find out the defendant is dead. But you can’t sue someone who’s dead unless you follow very specific procedures. What do you do? Whom do you sue? We get these questions from lawyers regularly. Fortunately, the Court of Appeals...Read More

We recently assisted a client who was attempting to overturn his father’s will. The father and his son (our client) had had a falling out and were  not speaking to each other at the time the father executed his will. However, at some point after the will was executed, the father and son made amends....Read More

We saved our client more than $6,000 in property taxes by obtaining a Year’s Support Award on her behalf as an alternative to opening up an estate in the first instance. As happens with many of our clients, this client came to see us to open her husband’s estate after his death. Once we reviewed...Read More

The firm secured another Court victory for one of our deserving clients in the form of a judgment of almost $70,000. The award compensated her for the attorney’s fees she incurred to offer a Will for probate in face of an objection made by the adult child of the deceased person to the Will being...Read More

Have you been waiting to receive your inheritance longer than you expected? If so, join millions of other folks who are expecting Personal Representatives of an Estate to get their job done more quickly than expected. In Georgia, a Personal Representative has six months from the date Letters of Administration or Letters Testamentary are issued...Read More

The firm was involved in an important case in the Georgia Court of Appeals. In this case, the court ruled in favor of our client when it reaffirmed that on a Petition to Settle Accounts, the probate judge has authority to do just about anything necessary to resolve an estate. In our particular case, the...Read More

We are pleased to announce a victory in Hall County Probate Court, where a jury found our client’s will to be valid. The will was created by a woman who had one child who had left her estate in trust for her child with the exception of two small bequests to her nieces. The child...Read More

We are pleased to announce a victory in Hall County Probate Court where a jury found our client’s will to be valid. The will was created by a lady who had one child – a son. She left her estate in trust for her son with the exception of two small requests to her nieces....Read More

We are very pleased to announce that Mark Stuckey of our firm recently convinced a probate court that a missing original will was not deliberately destroyed by the testator (the person who wrote the will). The result is that the beneficiaries, who had a copy of the will, will receive the inheritance left to them...Read More

We are again very happy to report a successful outcome for one of our deserving clients. Our client obtained a divorce from her husband in 2002. The trial court ordered her husband to maintain a life insurance policy in the amount of $250,000 and to name our client as the beneficiary. Several years after the...Read More

If you believe a Will being offered to probate does not reflect the true final wishes of your loved one, you are on a very tight time table to challenge that Will:  YOU HAVE ONLY 30 DAYS TO CHALLENGE THE WILL! We are pleased to announce we have defeated yet another Will being offered for...Read More

Do You Know Who Your Parents Are?   It is easy for each of us to assume our parents are who we were raised to believe them to be.  Before DNA tests were readily available, if your Mom or Dad told you that they were your parent, and if your birth certificate confirmed that, there...Read More

AnotherVICTORYin Probate Court!   We are pleased to announce another successful outcome involving the removal of an executor who would not handle his duties.  In this case, three siblings had placed their faith in their fourth sibling for more than eight years as he refused to sell their father’s home.  All four children were due...Read More

Many of us know people who have dedicated their lives to caring for elderly parents, other family members or acquaintances with disabilities. It is a continuous, unrelenting, and sometimes thankless job. For non-caregivers, it often feels like someone else’s problem. As attorneys, with a primary focus on elder care, estate planning and probate work, we...Read More

What can you do if an Executor or Administrator (Personal Representative) is not performing his job? Executors for an estate are nominated in the Will to handle all estate matters. The Executor must be approved by the Probate Court as part of probating the Will. Administrators are appointed to handle an estate when a person...Read More

You should complete Ga. Probate Form No. 10. Georgia probate forms are required when filing petitions with the probate court. Use probate form No. 10. You must be specific in requesting the property that you want the court to award you. You may ask for real estate or personal property. The law requires you to...Read More

  There comes a time in many of our lives when we believe our parents are unable to care for themselves any longer. If you are in that situation, you should understand what you can do outside of having legal authority over your parents and what you can do if you have a court Order. ...Read More

VOTE NO TO Constitutional Amendment THREE The Georgia General Assembly, apparently upset that one of its members had been removed as a judge by the Judicial Qualifications Commission (JQC), has decided that the JQC is corrupt and does not properly discipline the judges in this State. The Legislature’s solution for the problem they described is...Read More

If someone dies leaving an original Will in your possession, Georgia law requires that you file the Will with the probate court in the county where the deceased person resided. However, the law does not require you to file the Will for probate.  This decision must be made after carefully considering what assets are in...Read More

CONSERVATORS HAVE A DUTY TO THE BENEFICIARY OF THE ACCOUNT We are pleased to announce another successful outcome at trial. In our most recent case, a four year old child’s mother passed away leaving her a $100,000 life insurance policy. The probate court placed this money into a conservatorship account and placed the child’s guardian...Read More

Did your lawyer pay proper attention to your needs when you last had your will revised? Many lawyers advertise that they specialize in estate planning.  Many of these lawyers advertise an extremely low price for estate planning.  While it is important to pay as little as necessary for any goods or services, it is more...Read More

Most of you will go through life without ever being issued a subpoena to appear at a trial and give testimony. However, for those who have been issued a subpoena, the process can be daunting. First and foremost, you must strive diligently to tell the truth. Sure, it seems easy to tell the truth. However,...Read More

We are pleased to announce the successful establishment of a guardianship and conservatorship for a severely injured adult. The injured person was severely injured in an accident involving a tractor trailer. As a result of his injuries, the injured party will require extensive daily care into the foreseeable future. We were retained by the lawyer...Read More

As you approach age 62, you should be consulting with a financial planner to help you make the correct decisions regarding Social Security benefits to which you are entitled as a result of your years of hard work. Age 62 is when you can first begin receiving Social Security benefits, generally speaking. However, you can...Read More

With the Supreme Court pronouncement that an individual has an absolute right to marry any other individual, estate planning has become more complex in some instances, and much easier in others. The Supreme Court ruling has no effect on people who are legally married. The states historically have laws that allow spouses and children to...Read More

We are pleased to announce that Lauren Bryant has been admitted to practice before the Georgia Court of Appeals. With Ms. Bryant’s acceptance to the Court of Appeals, we are pleased to announce that all of our associates are authorized to practice in the Appellate Courts of Georgia. Should you need any assistance with your...Read More

Have you wondered how you should proceed if you are the Executor of an Estate?  The simple answer is that your primary duty is to the creditors of the Estate.  They are your highest and first obligation.  Therefore, once you receive your Letters of Administration or Letters Testamentary, you are to obtain a federal identification...Read More

Many issues arise concerning how to distribute the personal property of the deceased. By personal property, I am describing those things that are generally found around the home of the deceased, and, more often than not, have a sentimental value which exceeds the monetary value of the items. Very rarely does the value of the...Read More

Although this is not an uncommon problem, neither does it happen with regularity. Executors and administrators are both identified as Personal Representatives in most laws. Personal Representatives have a primary duty to the creditors of an estate to assure that all debts are paid prior to making any distributions from an estate. If the Personal...Read More

Many people believe they have their affairs in order by creating a Will that explains how they wish their assets divided at their death. Unfortunately, some people will suffer from some type of incapacity, either physical or mental, during their life. Few people have prepared a durable financial power of attorney to address that particular...Read More

You may have executed a will and consider that you have done all of the estate planning that you need to do. Unfortunately, wills only become effective after you die. Prior to your death, you may become incapacitated and unable to make decisions for yourself. This is where an Advanced Health Care Directive (AHCD) becomes...Read More

The person who has passed away is identified as the decedent.  A person who is a relative of the decedent is called an heir.  A person who is left something in a will is a beneficiary. Therefore, you can be both a beneficiary and an heir.Read More