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Questions Answered by Michael D. Birchmore
1 Answer | Asked in Real Estate Law for Georgia on
Q: Can a house be listed for sale and people come look at it while it is occupied in Georgia?
Michael D. Birchmore
Michael D. Birchmore answered on Jun 11, 2021

Actually, that is typically how it is done. The agent would notify the owner of a showing which gives the owner time to leave the house or not (houses show best without the owners).

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Georgia on
Q: Police came to my residence w a search warrant I was never shown or given a copy of. Is this legal to do?

The residence in question has a different address than what they said was on the warrant. So this is 2 part questions. Are they required to show u the warrant and hand u a copy. And 2. The residence they seized drugs in was different than one on the warrant I never saw. Are these things legal and... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 11, 2021

These are questions that your defense attorney will address with you. I believe I know what you are thinking and why you are asking this question. If I am right, then the arguments that will need to be made will be argued later, down the road. The many facts that are so important are not known... Read more »

1 Answer | Asked in Civil Litigation for Georgia on
Q: When it says 60 days from day of seizure....does that mean just 60 calendar days or business days??
Michael D. Birchmore
Michael D. Birchmore answered on Jun 11, 2021

60 CALENDAR DAYS.

AFTER THE 60TH DAY, IT WILL OCCUR WITH OR WITHOUT NOTICE.

1 Answer | Asked in Real Estate Law for Georgia on
Q: In Georgia, when can a builder turn over the HOA to the property owners? Is there a minimum number of homes sold?

The builder has closed on 5 houses of a projected 35 home development with another 5 or so in construction and having contracts. There’s over 20 lots that no development has occurred yet. I’m told they want to turn over the HOA now to owners. When asked about maintenance on a common area... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 10, 2021

Okay, you are in a situation which cannot be adequately explained here. Anytime HOA's are involved, the key to everything lies in the written declarations and other documents which will be filed with the Clerk of Superior Court of the particular county of reference. You are going to want to... Read more »

3 Answers | Asked in Divorce for Georgia on
Q: My wife and I will be divorcing soon. One of her family members gave her a large some of money during our marriage.

It was deposited into a joint brokerage account and I invested it increasing the value by over 50%. She has moved the money to a different account and will not tell me the password. She also claims I have to right to the money. What is true? Do I have a right to half or a portion of this money? It... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 10, 2021

You are going to want to get legal counsel to assist you in this situation.

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1 Answer | Asked in Real Estate Law and Tax Law for Georgia on
Q: My dad passed had a living estate for land mom left to me in will how do I get deed now

Oldest sister or younger brother states in the will are executors can one of them do it

Michael D. Birchmore
Michael D. Birchmore answered on Jun 7, 2021

It may be as simple as that ---- or not. To be sure of what is needed, meet with a local probate attorney to make sure you get it done right.

1 Answer | Asked in Real Estate Law and Tax Law for Georgia on
Q: My mom died and left siblings property 28 years ago she gave my dad living estate rights till he died how do we get deed

Mom left will was probated dad living estate and he rented trailers to people on land olde sister or younger brother executors make decisions can my oldest sister just deed the property to siblings

Michael D. Birchmore
Michael D. Birchmore answered on Jun 7, 2021

It may be as simple as that ---- or not. To be sure of what is needed, meet with a local probate attorney to make sure you get it done right.

2 Answers | Asked in Family Law for Georgia on
Q: Can I present new evidence that I had already knew but not mentioned because of the severity of it. Now in order to help

Recently a judge granted my motion for amending petition to add party from the respondant side. I have verbal admission from respondant side that I need to use as my evidence that is very relevant to my civil case. How do I implement or make known to have that verbal evidence as my exhibit.

Michael D. Birchmore
Michael D. Birchmore answered on Jun 7, 2021

There is no way to educate you in the laws/rules governing admissibility of evidence here online. You would be wise to spend a few dollars and speak with an attorney in your area about your issue.

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1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Georgia on
Q: I recently just signed a lease and I called them and they said I had to pay the full rent or find someone to replace me

What do I do ??? I really don’t feel prepared to move in I didn’t really think it through and this is a student apt

Michael D. Birchmore
Michael D. Birchmore answered on Jun 7, 2021

Well, if you are an adult and you signed the lease, you are likely to be bound to it. The LL is simply trying to collect the rent for the apartment. It can be from your or someone else.

1 Answer | Asked in Real Estate Law for Georgia on
Q: GA HOA Bylaws below. Does it state that each Director's term will be for two years from now on?.

Term of Office. After the Declarant's right to appoint directors and officers terminates, the Association shall call a special meeting (or take action under Section 2.12 or Section 2.13 in lieu of a meeting) and the members shall elect three (3) directors as follows:

the initial term... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 7, 2021

Well, it says what it says. That said, without reading the entire document along with any such other documents which could possibly relate to it and affect it, we cannot provide a definitive response. It does say what it says though.

3 Answers | Asked in Divorce for Georgia on
Q: Where can I get a poverty affidavit for paulding co
Michael D. Birchmore
Michael D. Birchmore answered on Jun 4, 2021

Check with the Clerk of Court at the courthouse in your county. They may or may not have one. GA Legal Services may have one.

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2 Answers | Asked in Family Law for Georgia on
Q: Can a parent with cruelty to children charges(pending) live in the same house as the child the charges are against

The mother has 3 cruelty to children charges and is allowed to still live in the same household with the child,,,is this legal

Michael D. Birchmore
Michael D. Birchmore answered on Jun 4, 2021

It depends on whether his bond conditions restrict him from doing this.

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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: What right does DFCS's Harris County, GA have to take a young child away from her mother?

It's been over 6 years now since the mother has been able to see her daughter. The daughter was given to the birth certificate named father (They were never married.). He has been told by judges to let the mother see her daughter, but each time she has tried to see the child, the mother has... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 4, 2021

This is a genuine mess. First, if the child was born out of wedlock and the biological father (assuming that person is the father you referenced) has n-o-t filed a lawsuit to have the child legitimated, then the man has absolutely no parental rights to the child and should not have the child.)... Read more »

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1 Answer | Asked in Consumer Law, Business Law, Civil Litigation and Civil Rights for Georgia on
Q: Can a licensed none consensual towing co. Tag and tow for expired registration. In the state of Georgia
Michael D. Birchmore
Michael D. Birchmore answered on Jun 3, 2021

Very sorry, but your question makes no sense. Please restate it and provide actual details the next time.

1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Georgia on
Q: I signed a partnership agreement to start a new company. How do I back out before it gets started?

I signed a agreement to start a company. Nothing has been filed/registered/, the business does not yet exist. How do I back out of the agreement? I no longer have the financial assets to start one. My “partner” claims he signed the agreement thinking it was an already existing company. However... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 3, 2021

Honestly? Anytime a person engages in drafting their own legal documents without the aid of an experienced attorney, that person has made a mistake. You should meet with a business attorney now to see what, if anything, you are now facing that will be harmful to you and whether it can be... Read more »

2 Answers | Asked in Divorce for Georgia on
Q: Can I legally separate in GA. My husband's infidelity is reason for divorce. I was recently told he now has cancer.

Husband and I are physically separated for 16 months. I excepted him to help me pay off the business bills but to no avail. He informed me after he was exposed of his infidelity of why he put the business in my name. His intentions were to work under the table and collect social security. He... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 3, 2021

You are correct that this is a sad situation. Legal separations are rarely worth the effort. At the end of the day you would still need a divorce. You have mentioned certain specific facts which will mean you should seek legal counsel to discuss your specific situation with someone who can ask... Read more »

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2 Answers | Asked in Child Support and Divorce for Georgia on
Q: I need to get a divorce form my husband that is in prison he has been call and text me

He sad he was gong to kill me and my kids so I just need some help out of this marriage please

Michael D. Birchmore
Michael D. Birchmore answered on Jun 3, 2021

We are certainly sorry that you are experiencing this. However, we cannot solicit or accept business through this website. You must locate an attorney, schedule to meet with that attorney and then meet with the attorney. Best wishes.

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3 Answers | Asked in Family Law for Georgia on
Q: How can I get my ex to sign a QDRO

In our Divorce Papers Under Dividing property Retirement it say that that My ex Attorney will take care of preparing Qdro And filing it in court. I didn't realize till my Ex partially retired from the place he work at for years that the QDRO was never taken care of. I contacted his attorney... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 3, 2021

Contempt of court sounds about right.

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1 Answer | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: my dad is abusive and keeps me from my mom when I’m supposed to see her what is the fastest way to get out the house

I live in Georgia I’m seventeen years old . My dad has primary custody of me and my mom is allowed to see me but my dad has kept me from her for years , my dad is physically abusive . I was wondering what would happen if I left to my moms house without parent permission. I seen an answer that... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 2, 2021

Hello. I was the attorney who wrote the answer you read. Actually, what I said was that I had h-e-a-r-d of only 2 emancipations in my 31 years of practice. It is an extremely hard thing to accomplish. For example, it you were to explain to a judge what your plan of living is (like you explained... Read more »

1 Answer | Asked in Child Support for Georgia on
Q: How can child support be modified if there are two different household More tha 50% of income
Michael D. Birchmore
Michael D. Birchmore answered on Jun 2, 2021

Your question makes no sense. Please rephrase it and explain exactly what is your situation.

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