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Robert W. Hughes Jr.

Robert W. Hughes Jr.

For all your probate needs throughout Georgia
  • Probate, Elder Law, Estate Planning
  • Georgia
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Summary

I have been in practice since 1992. My practice primarily focuses on probate, guardianship and probate litigation. I have handled numerous appeals to the Georgia Court of Appeals and the Georgia Supreme Court for my clients. My firm is a small firm specializing in superior service to our clients. My team consists of three lawyers, three paralegals and an office manager who all have worked with me for many years. We are technologically savvy and communicate with our clients via email where possible.

Prior to practicing law, I owned a large printing and publishing company that I sold.

Practice Areas
  • Probate
  • Elder Law
  • Estate Planning
Additional Practice Area
  • Wrongful Death
Fees
  • Free Consultation
    We offer some free consultations depending on the matter about which you seek our help. Usually, free consultations are reserved for matters that could be handled on a contingency fee basis. This could be will challenges. It does not include estate planning. Please check with my administrative staff to see if your matter is one that qualifies for a free consultation.
  • Credit Cards Accepted
    We accept MasterCard, Visa, American Express and Discover cards.
  • Contingent Fees
    We accept some probate litigation, wrongful death personal injury matters on a contingency basis.
  • Rates, Retainers and Additional Information
    I charge $360 per hour. Others in my firm charge as little as $200 per hour. We require a retainer agreement before we undertake any work.
Jurisdictions Admitted to Practice
Georgia
Languages
  • English
  • German: Spoken, Written
Professional Experience
Owner
Robert W. Hughes & Associates, P.C.
- Current
Robert W. Hughes & Associates, P.C. was formed on Janaury 1, 2009 after I hired an associate to work with me. I have worked from the same location since 1992 in a variety of partnerships
Owner
Hughes & Associates, P.C.
-
This was a professional corporation that ended in 2009.
Partner
Hughes & Kaplan
-
This was a general partnership that was dissolved when Mr. Kaplan accepted a position with a larger firm.
Partner
Hughes, Kaplan & Gravante
-
This was a general practice law firm that dissolved when Mr. Gravante accepted other employment.
Education
Georgia State University College of Law
J.D | Law
-
Florida State University College of Law
B.S (1977) | Hotel and Restaurant Administration
-
Honors: graduated cum laude
Darton College
A.A | Business Administration
-
Honors: Graduated cum laude
Awards
Pro Bono Lawyer of the Year
Atlanta Legal Aid Foundation- Gwinnett Chapter
Pro Bono Lawyer of the Year
Atlanta Legal Aid Foundation- Gwinnett Chapeter
Professional Associations
National Academy of Elder Law Attorneys
Member
- Current
Activities: This is an association devoted to improving the legal help offered to the elderly. You can access the website at www.NAELA.org.
Supreme Court of the United States
Admitted for Practice
- Current
Georgia Trial Lawyers Association
Member
- Current
Activities: GTLA is an association of lawyers dedicated to preserving citizens rights in the courts and is comprised mostly of plaintiff's lawyers.
Gwinnett County Bar Association-Probate Section
Member
- Current
Activities: I am a member of the Probate and Estate Planning Section of the Gwinnett County Bar Association. We offer pro bono services once a quarter to persons seeking help through the Gwinnett County Probate Court.
Supreme Court of Georgia
Admited for Practice
- Current
Court of Appeals of Georgia
Admitted for Practice
- Current
American Bar Association
Member
- Current
State Bar of Georgia
Member
- Current
Gwinnett Pro Bono Association
pro bono efforts
- Current
Activities: I represent numerous people at the request of the Gwinnett Legal Aid Foundation. I have twice been named Pro Bono Volunteer of the Year.
Atlanta Volunteer Lawyers Foundation
volunteer
- Current
Activities: I donate some of my time each year to the Atlanta Volunteer Lawyers Foundation to represent those who are in need of legal help.
Gwinnett Bar Association
Member
- Current
Publications
Articles & Publications
How to Use a Petition For Year's Support
Robert Hughes
Speaking Engagements
Avoiding Trouble at the Intersection of Personal Injury and Probate, Clayton County Bar Assocation Meeting, Clayton County Bar GA
Clayton County Bar Association
I was honored to present to the Clayton County Bar Association my paper on Avoiding Trouble at the Intersection of Personal Injury and Probate. A copy of my paper is available upon request.
Websites & Blogs
Website
Website
Website
Legal Answers
140 Questions Answered

Q. My dad purched a house with inheritance for my grandmother that was left to him and his children. Can wife get house?
A: I cannot answer the question without an answer to the following: 1. When you say left money for grand kids and Dad used it to buy a house, it is critical what the Will said that left the grand kids the money. If it simply leaves money to Dad for the benefit of children, that is one thing. If it says I leave this money for the grand kids and Dad takes that money and buys a house, then Dad breached his duty to you. If he bought the house and titled it with his wife, or left it to her in his will, then wife can take the house. Your remedy is against your Dad for stealing your money.
Q. My husband died and our home is in both our names. There is no "joint tenancy" or "right of survivorship" on the deed
A: You should file a petition for year's support and ask the sons to consent to it. It will transfer to you the half you do not own and cut your property taxes in half for one year.
Q. Dad left credit card debt and a house. Will the house be sold to cover debt in probate
A: This question is not as easy to answer you you may hope. First, it is the general rule that assets must be sold to pay debts. So, on first blush, if his debts are greater than the value of his equity in the house and the other assets he has, it probably makes no sense to open an estate. Opening as estate is the only way to sell assets, pay bills and distribute the remaining assets. You can take the car back to the car back to the loan company and turn the car in. Second, if your father was married when he died, his spouse can file a Petition for Year's Support and ask that she be given the house and the car. If she is given the house and the car, the bills your Dad owed will not have to be paid. Third, if you are living in the house and are making the payments, you might be able to stay in house for years without anyone disturbing you. Of course, one day, the house will be paid off. Then, you will need to probate your father's estate so that you can transfer the house from his name into the names of his heirs. Creditors can try to open the estate, but I have never seen one do so. I would not tell the mortgage company your father died. I would just keep paying the mortgage. The mortgage company does not care so long as the mortgage is paid. This is a reasonable alternative to opening his estate for the time being.
Q. For probate! Can a sibling open up an estate because my brother passed away and no one is trying to settle anything.
A: You are in a difficult spot. If your brother has assets that need to be retitled in his child's name, the best answer might be to apply for a year's support for the child. If your brother did not own any assets that need to be transferred through probate court, not opening the estate might be the right answer. I have yet to run into anyone who turns away an inheritance. I assume the mother of the child would act if she knew what to do. Help her find an attorney who can guide her in handling the estate for her child.
Q. My father passed away and his estate is in GA. His second wife -not my mother- refuses to go to probate. I live in NJ.
A: You can represent yourself or if you want to be represented by an attorney, you must select one who is licensed in Georgia.
Q. In Georgia for a probated will, must an outstanding mortgage be paid off before estate closure?
A: This question requires more information. It could be that the mortgage must be paid from the remaining assets upon transfer. It also depends on how title is held currently held to the property. The estate remains liable on the mortgage if you simply transfer the oropteru without resolving the mortgage.
Q. Not on mortgage or title. Newton Co GA states I cannot sell home w/out probating will despite being executor. T or F?
A: You have no authority to act in place of your husband unless the court issues Letters to you. The court can't do that if you do not file the will for probate. You might consider filing a petition for year's support to have the house placed in your name. once it is in your name, you can sell it.
Q. I'm executor of my husband's will. I'm wanting to sell our home but not on mortgage & title. Do I probate will & title?
A: I'm not certain about your question. Since you are the executor of your husband's estate, I assume Letters Testamentary were issued to you. You are required to do whatever the will says do. If you are supposed to sell the home, then you simply sell the home. You do not need to be on the mortgage or title if you have Letters. That gives you the authority to sell the property.
Q. Do I need to open probate if the only asset in my husband’s name is a car worth <$10K? Can car be transferred to me?
A: If your husband has a will it is your obligation to file the will with the probate court. However it is not your duty to all for the will for probate. If the car is the only asset your husband has you should be able to go to the county tag office and sign an affidavit that will allow the tag office to transfer the car into your name alone
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Contact & Map
We are inside the BB&T Building on the 2nd Floor.
390 West Crogan Street
Suite 230
Lawrenceville, GA 30046
USA
Telephone: (770) 469-8887
Fax: (678) 680-6095