John W. Chambers Jr

John W. Chambers Jr

Chambers, Chambers & Chambers, LLP
  • Business Law, Estate Planning, Gov & Administrative Law...
  • Georgia
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Claimed Lawyer ProfileQ&A
Summary

John W. Chambers, Jr. is a graduate of Emory University and Emory University School of Law. He graduated with distinction from the Emory University School of Law in 1979 with a Doctor of Law degree and was a member of the Order of the Coif. John W. Chambers, Jr. has an AV (R) Martindale-Hubbell Lawyer Rating. ("CV, BV and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies."

Practice Areas
  • Business Law
  • Estate Planning
  • Gov & Administrative Law
  • Probate
  • Real Estate Law
Additional Practice Area
  • General Civil
Jurisdictions Admitted to Practice
Georgia
Languages
  • English: Spoken, Written
Professional Experience
Partner
Chambers, Chambers & Chambers, LLP
- Current
Education
Emory University School of Law
J.D
-
Honors: Graduated with Distinction. Member of Order of the Coif.
Emory University
B.A | Psychology
-
Honors: Psychology Honor Society
Professional Associations
Estate Planning Council of North Georgia
Current
Georgia State Bar
Member
- Current
Georgia Bar Association
Member
- Current
Websites & Blogs
Website
Website
Legal Answers
118 Questions Answered

Q. What's the difference between setting up a health care directive to carry out my medical wishes if I become unable to
A: In an advance directive for health, the principal (i.e., the person who executes the document) may appoint an agent to make health care decisions. If he appoints an agent, then the advance directive is a medical power of attorney. Another type of power of attorney is a financial power of attorney whereby the principal appoints an agent and grants the agent various powers to conduct financial transactions. In Georgia, it is common for a person to have both an advance directive for health care and a financial power of attorney as part of his or her estate planning. This response is intended to provide general information only and does not create an attorney client relationship. You should consult with an estate planning attorney if you have questions.
Q. Dad passed away in Cobb County. Brother & I are co executors. Can my brother renounce this as he is out of state?
A: Your brother may renounce his right to serve, and unless your father named a successor co-executor, you could serve as the sole executor. The renunciation must be in a writing signed by your brother and his signature must be notarized. The renunciation must be filed with the probate court. Renunciation of the right to serve as executor should not have any effect on life insurance. You would have to review the provisions of the Will to see if it had any effect on any of the gifts. The executor generally is entitled to receive compensation for services as executor, and if your brother renounces his right to serve, he would forego his right to receive compensation for serving as executor. If you renounce your right to receive compensation, then it would not matter. This response is designed to provide general information only and not legal advice about your particular situation. It does not establish an attorney client relationship.
Q. I am named executor of my Fathers will. My Father had a business I am expected to sell. Do I have to probate the will.
A: I recommend that you seek the advice of a probate attorney. If a decedent's business is part of his estate and the decedent had a will, the person named as executor in the will would need to probate the will and petition the probate court to be appointed executor. What the executor may do with a business which is an estate asset depends on the provisions of the will and applicable law. You would need to have a probate attorney review all the pertinent facts to be able to properly advise you on this matter. Good luck.
Q. My father died 7 years before my stepmother she never probated his-will. My father has 2 living children my stepmothers
A: My recommendation is that you consult with a probate attorney, who can review all the pertinent facts. At a minimum, the attorney would need to review the deed to the probate (and perhaps obtain a title report), your father's Will, and your stepmother's Will. If your father had an interest in the property which was part of his estate, then it would be necessary to probate his Will in order to transfer his interest to whomever he left it. If your stepmother had an interest in the property, the only way you could receive such interest would be through her will. In the absence of a will leaving the property to you, it would pass to her heirs and you would not be one of her heirs under Georgia law (unless she adopted you). The purpose of this response is not to provide legal advice to you, but general information about Georgia law. It does not establish an attorney client relationship. You should seek the advice of a probate attorney in the state where the property is located.
Q. Can you help me?
A: More information would be needed to answer your questions, and I would urge you to seek the advice of a probate attorney. Whether your father's interest in the house passed to his girlfriend would depend on whether the property was owned by them as joint tenants with survivorship or as tenants in common. With joint tenancy with survivorship, the interest in property passes to the surviving owner outside the probate estate. On the other hand, if property is owned by multiple owners as tenants in common, the interest of the first owner to die would be part of his probate estate. Property in the probate estate would be governed by a will if there is a valid will. Typically, the person named as executor would file a petition to probate the will. Bear in mind that the executor has certain obligations and may not distribute assets from the estate without taking care of estate obligations (e.g., the decedent's debts). If back pay becomes part of your father's probate estate, it would pass pursuant to the terms of his will. This response is intended to provide general information only, and not legal advice about your particular matter. You should seek the advice of a probate attorney familiar with the probate law of the estate in which your father was domiciled.
Q. My husband died in Georgia in 2007, can I still file Quit Claim deed from 2007 in Fl avoiding probate on land
A: If the property is in Florida, you need to consult with an attorney who is familiar with Florida law. If you received Letters Testamentary in Georgia after probating your husband's Will in Georgia, there might be a way to deal with this property without having to file an ancillary probate proceeding since it has been so long since your husband died. It is my understanding that if the property were in Georgia, there might be a problem filing the deed at this time, as there would be no presumption of delivery of the deed to you prior to his death. In any event, Florida law would apply to property located in Florida. This response is intended to provide general information only, and not legal advice. You should consult with an attorney in Florida or one familiar with Florida law regarding this matter.
Q. My Dad passed away and my Mom is the sole beneficiary in his will. Do we need to file his will in probate court?
A: The answer to your questions depends on what property your father owned. If there is property in his probate estate, the person named as executor in the will probably would need to file a petition to probate the will. I recommend that the person named as executor contact a probate attorney, who can advise such person after reviewing pertinent information needed to answer your question. This response is intended to provide general information only, and not legal advice. It does not establish an attorney client relationship.
Q. father has just passed and wife and him were both on the deed to his house. Are his maternal kid entitled to house?
A: In Georgia, if real property is owned by two people as joint tenants with right of survivorship, on the death of the first owner, the property would belong to the surviving owner. If the property is owned by two people as tenants in common, on the death of the first owner, the undivided interest of the owner in the property would be part of his estate. In such case, the heirs might have an interest in the property, either as beneficiaries under a will, or through the inheritance laws if there were no will. This response is not intended to provide legal advice and it does not establish an attorney client relationship. I recommend that you consult with a Georgia probate attorney, who can advise you after a review of all the pertinent facts.
Q. Step mother is asking for a year's support from estate of my father? What does this mean?
A: Here is some general information. In Georgia, a petition for year's support is a petition by the surviving spouse to have property in the estate set aside for her benefit. If the petition is granted, the property will be set aside to the spouse and the spouse will own the property. If the order for year's support sets aside property (e.g., a house) to the surviving spouse, the surviving spouse will own the property without regard to the provisions of the will. Other heirs, such as children, supposed to be given notice of the petition as required by law. An heir may acknowledge service of the petition. There is a very short time to contest a petition for year's support. You should seek the advice of a probate attorney immediately. This response is not intended to provide legal advice about your particular situation, but only general information. It does not establish an attorney client relationship between us.
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2250 N Druid Hills Rd NE
Suite 243
Atlanta, GA 30329
USA
Telephone: (404) 325-9970
Telephone: (404) 325-9970
Fax: (404) 325-5402