Robert W. Hughes Jr.

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.

• Probate
• Elder Law
• Estate Planning

• Wrongful Death

• 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.

Georgia

Since 1992

Owner

Robert W. Hughes & Associates, P.C.

2009 - 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.

2002 - 2009

This was a professional corporation that ended in 2009.

Partner

Hughes & Kaplan

1995 - 2002

This was a general partnership that was dissolved when Mr. Kaplan accepted a position with a larger firm.

Partner

Hughes, Kaplan & Gravante

1992 - 1995

This was a general practice law firm that dissolved when Mr. Gravante accepted other employment.

Georgia State University College of Law

J.D | Law

1989 - 1992

Florida State University College of Law

B.S (1977) | Hotel and Restaurant Administration

1975 - 1977

Honors: graduated cum laude

Darton College

A.A | Business Administration

1973 - 1975

Honors: Graduated cum laude

Pro Bono Lawyer of the Year

Atlanta Legal Aid Foundation- Gwinnett Chapter

2003

Pro Bono Lawyer of the Year

Atlanta Legal Aid Foundation- Gwinnett Chapeter

1993

National Academy of Elder Law Attorneys

Member

2014 - 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

2006 - Current

Georgia Trial Lawyers Association

Member

2005 - 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

2004 - 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

1993 - Current

Court of Appeals of Georgia

Admitted for Practice

1993 - Current

American Bar Association

Member

1993 - Current

State Bar of Georgia

Member

1992 - Current

Gwinnett Pro Bono Association

pro bono efforts

1992 - 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

1992 - 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

1992 - Current

How to Use a Petition For Year's Support

Robert Hughes

October, 2009

Avoiding Trouble at the Intersection of Personal Injury and Probate, Clayton County Bar Assocation Meeting, Clayton County Bar GA

February 22, 2018

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.

Q. Dad passed, married to my stepmom 5 years. My brother took his vehicle and won’t give back. How do we get it back?

13 December 2019

A: This is a probate question, not estate planning. The question is very easy to answer until you throw in that last phrase. Whatever you do is going to cause family issues. If you ignore the problem, I assume the auto insurance will lapse, your brother will be arrested eventually for driving an uninsured car. If I were you, I would send the brother a letter telling him the car is uninsured. I would give him X number of days to return the car. Tell him if he does not return the car, you will report it stolon to the police. You will get your car back.

Q. Is Probate or any other process (legal or otherwise) needed when there's a notarized Last Will and no real property?

1 December 2019

A: You are required to file the original will with the probate court, but not for probate. Whether you need to offer it for probate depends on the amount int eh bank account. If there is less than $10,000 in your mother's bank account, the bank should divide the money between you and your brother. If more than $10,000, you will need to open an estate to get the money out of the account. As you do not mention any other assets that have a title and no beneficiary designation, it sounds like you will not need to offer the will for probate.

Q. I am an only child.Dad's estate is approx.$25,000.No other heirs.He died intestate.Can I file Small Estate affidavit?

25 November 2019

A: Georgia does not have a small estate affidavit. However, you can go to each bank and the bank is required to give to the heirs all sums under $10,000 in the bank. This is in accordance with O.C.G.A. 7-1-239. You will need a death certificate and you will need to sign an affidavit the bank will give you. As for the car, you can go to the local tag office with a death certificate and the original title to the car. You can ask to sign an affidavit stating that your father died without a will and no estate is open and you are his only heir. The tag office will transfer the car into your name.

Q. How long does a beneficiary have to file a death claim in ga

24 November 2019

A: I guess that depends on who you are filing it with. You certainly should file a claim within a year of knowing that someone has passed away. I am not sure if you are asking about opening an estate in probate court, or filing a claim on a life insurance policy or countless other places where a death claim can be filed. If in probate court, you should always act quickly.

Q. If my dad did not leave a will is the house that he owned with my mother also the heirs home now as well? I'm Prob Admin

22 November 2019

A: You really should hire an attorney for some advice about estate administration. That said, it seems your father owned the house by himself. If so, because he died without a will, the house belongs 1/3 to your mom and 2/3 to the children. The children can give their share back to the mother, they can own it with her and choose to charge rent, they can force the sale of the house. Your mother also has a right to year's support that should be explored.

Q. I received an Acknowledgment of Service and Assent to Probate Instanter, today. Is it really necessary that I return it?

7 November 2019

A: You are not required to sign any documents. If you choose not to sign and return the documents, a sheriff will serve the documents on you. Even then, you are not required to take any action. If you don't object to the will, your signature will allow the process to proceed more smoothly and quicker.

Q. Can a wife file for wrongful death if there is a pending divorce action at the time of husband's death?

6 November 2019

A: Yes is the short answer.

Q. A wife filed for divorce, but before completion, the husband dies without a will. who can execute in probate?

5 November 2019

A: the divorce is automatically dismissed at his death when you let the superior court know he died. File for administration and ask that county administrator be appointed as personal representative. Wife will inherit all assets. A year's support might be a better option that administration. See a probate lawyer for proper analysis.

Q. How long does it take to get letters of administration from DeKalb county Court in Georgia?

3 November 2019

A: It depends on whether all the heirs signed the Acknowledgment of Service and Assent to Probate Instanter. If so, you will have letters in less than a month. If everyone did not sign off, then service has to occur and it will take months to get letters.

REGAL NISSAN, INC. v. STACEY SCOTT, AS ADMINISTRATOR OF THE ESTATE OF ANDREW REID SCOTT

Court of Appeals of Georgia

Milbourne v. Milbourne

Supreme Court of Georgia