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
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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
41 Questions Answered

Q. My mother just passed away unexpectedly, and had no will. She just purchased a home 2 months ago
A: I am sorry to hear of your loss. If a person dies without a will, the person is said to die "intestate." The estate of a person who dies intestate is administered by an administrator. An administrator is appointed by the appropriate probate court after the filing of a petition for letters of administration. The administrator is required to administer the estate in accordance with applicable law. What administration of any particular estate entails depends on the facts and circumstances of the particular estate. I recommend that you seek the advice of a probate attorney, who can advise you after an analysis of the pertinent facts related to your mother's estate. This response is intended to provide general information only, and not legal advice about your particular situation.
Q. My mother passed in July. She designated me as the beneficiary of a payable on death account, but she also owes car loan
A: You ask an interesting question, and I believe that Mr. Hughes is correct that the loan agreement is pertinent. Also, the account agreement may be pertinent. Assuming that the credit union is the lender and the entity with which she had accounts, it is possible that your mother and the credit union had an agreement which permits the credit union to offset her accounts to pay indebtedness owed by her to the credit union. If there is no such agreement and if the credit union does not otherwise have a security interest in the accounts, then it is possible that the loan should be paid from the residue of your mother's estate if she had a will, or if she did not have a will, then from the assets of her probate estate. A definitive answer to your questions depends on a number of facts, and I recommend that you consult with a probate attorney.
Q. Is it mandatory to file a Will in Georgia even if no probate is anticipated?
A: O.C.G.A. Sec. 53-5-5 provides: "A person having possession of a will shall file it with reasonable promptness with the probate court of the county having jurisdiction. The probate court may attach for contempt and may fine and imprison a person withholding a will until the will is delivered." This does not mean that a person having possession of a will must file a petition to probate the will, but only that he or she shall file the will with the probate court.
Q. What happenswhen you find a will and some of your stuff has been sold.. through probate court...
A: If there is property in the estate to be administered, and there is a valid will, the person named in the will as executor should file a petition to probate the will and request the probate court to appoint such person as executor. The executor then must administer the estate in accordance with the provisions of Georgia law and the provisions in the will.
Q. My father passed away 7/2016. He had a will that left everything to me. Do i need to probate. My mom passed in 2014.
A: What needs to be done depends on how the house and car were titled. If these assets were titled only in your father's name, then you would be dealing with his estate. If either asset also was in the name of your mother, then the nature of the ownership would have to be examined. For example, if the property were owned by them as tenants in common, then it might be necessary to administer your mother's estate as well. At the very least, if your father owned an interest in the house, it would be necessary to probate his will and have an executor appointed. I recommend that you consult with a probate attorney to review the details and advise you as what needs to be done. You should be able to find a probate attorney to charge you a consultation fee.
Q. My mother recently died in Fannin co. Ga. No will. No spouse. I'm her only child (60yrs old). She left a checking acct.
A: A Georgia statute (O.C.G.A. Section 7-1-239) provides that if a person having a deposit of not more than $10,000 in a financial institution dies without a will, the financial institution is authorized to pay the proceeds of the deposit directly to the following persons: (1) the surviving spouse; (2) if no surviving spouse, to the children pro rata. If your mother was unmarried and you are the only child, this statute would permit the financial institution to pay the proceeds to you. The above answer is intended to provide general information only and does not establish an attorney client relationship.
Q. I have a settlement check in my deceased husbands name. What do I have to do to cash it?
A: Generally, if a check is payable to a deceased person, a person would have to be appointed as personal representative of his estate by the probate court. If the decedent had a will, the executor would have to petition the court to probate the will. If the decedent died without a will, someone would have to file a petition for letters of administration. After appointment by the probate court, the executor or administrator would open an estate bank account and then deposit the check into the estate bank account. It might be necessary to have the check reissued to the personal representative. I recommend that you seek the advice of a probate attorney.
Q. If someone dies intestate in the middle of selling real property, does the spouse have to continue on with the contract?
A: Generally, under Georgia law, the estate would be liable for the obligations of the deceased party to the contract (unless the contract provided otherwise). I do not know whether Alabama law is the same on this issue, although I suspect that it is. I recommend that the person who would be the personal representative of the husband's estate seek advice from a probate attorney. This answer is intended to provide general information only and not advice about this particular matter. It does not establish an attorney client relationship.
Q. Have instillation/light remodeling business, would like to take work for lawn care as well. Do I need another license?
A: I cannot provide legal advice about your particular situation. However, here is some general information. If your business is operated using a corporation or limited liability company, unless your articles of incorporation or organization or other organizational documents prohibit it, you might be able to conduct the lawn care business using the same corporation or limited liability company. In such event, I do not believe you would need a new tax identification number. You would need to discuss with your insurance agent whether the lawn care business would be covered under your existing insurance policy or whether you would need to obtain a new or revised policy. You would need to check with the local governmental agency with whom you have a business license to determine whether you need to obtain a separate business license. I recommend that you consult with an attorney to receive legal advice about your particular business and organizational structure.
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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