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1 Answer | Asked in Copyright, Trademark and Intellectual Property for Georgia on
Q: Is the phrase, "Straight Outta" available for legal use?
James L. Arrasmith
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answered on Mar 15, 2024

The phrase "Straight Outta" is well-known and often associated with the music and entertainment industry, particularly with the hip-hop group N.W.A. and their album "Straight Outta Compton." If this phrase has been trademarked, its use could be restricted in certain contexts,... View More

1 Answer | Asked in Copyright, Trademark and Intellectual Property for Georgia on
Q: Can someone legally use the acronym 'MAGA' but change a few of the letters to mean something else?
James L. Arrasmith
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answered on Mar 15, 2024

When considering the use of acronyms, particularly one as widely recognized as 'MAGA', it's important to note the context and existing trademark laws. Trademarks protect brand names, slogans, and logos that distinguish goods and services. If 'MAGA' is trademarked for... View More

1 Answer | Asked in Family Law, Education Law, Juvenile Law and Health Care Law for Georgia on
Q: Will the parents of child with cancer be found guilty by judge for school absences if documents provided by doctor?

The school board went and filed a pre warrant for our arrest and now have to go to court, the lady came by house last Thursday school was closed Friday and Monday she asked me to get medical records/document from doctor excusing my child for unexcused absences,I said I would, I went that Friday but... View More

James L. Arrasmith
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answered on Mar 14, 2024

Facing legal action for your child's school absences under these circumstances can be incredibly stressful. However, when medical documentation is provided to explain absences due to a serious health condition like cancer, it significantly affects the situation. The court typically considers... View More

1 Answer | Asked in Tax Law for Georgia on
Q: When selling a rental property but I haven't filed taxes in a few years will the IRS take that money
James L. Arrasmith
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answered on Mar 13, 2024

When you sell a rental property, you may be required to report the sale to the IRS and pay taxes on any capital gains. If you haven't filed taxes for the years you owned the rental property, you could face some complications:

1. The IRS may already be aware of your lack of filing and...
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1 Answer | Asked in Family Law for Georgia on
Q: Is there a ga code of law defining a petition to apply for minors passport ex parte noncustodial parent?

I am seeking to create a petition to apply for a minors passport because of the refusal of consent although the child was conceived out of wedlock and I am the primary caretaker and custodial parent.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 13, 2024

I'm not sure how you are seeking to create a petition, as there is no such thing. If you cannot obtain the consent of the other parent you will need an order from the court. The proper complaint needs to be filed requesting the relief you are seeking in order for the court to give you a hearing.

1 Answer | Asked in Federal Crimes for Georgia on
Q: Two cops came to arrest my boyfriend while they were searching him he handed me a container which one of the cops seen.

When I say that one of the cops seen it he pointed his flashlight at it but he continued to search. When he was through with his search he got the container from me in which my boyfriend replied, 'it's only candy, man.' The cop opened it up seeing what it was and closed it. Took my... View More

James L. Arrasmith
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answered on Mar 13, 2024

Based on the situation you've described, there are several legal issues to consider:

1. Possession: For you to be charged with possession, the prosecution would need to prove that you knew the container held illegal substances and that you had control over it. If you truly didn't...
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1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Biological and step-parent dies with no will, does the step-child have rights to the step-parent's property in Georgia?

The step-parent has living relatives: Mom and siblings

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Mar 13, 2024

The simple answer is no. But, when parent died, child would be an heir to her natural parent's estate. Depending on facts of case, an equitable adoption might exist between step parent and step child that would allow for inheritance. You should see a probate lawyer about that possibility.

1 Answer | Asked in Probate for Georgia on
Q: Ex husband signed quit claim deed at divorce and I am to pay him $5k upon sale of my home. He died in 2018 w/o a will.

I plan on paying our two children the money, but is his widow due any part of this payment?

Thank you.

James L. Arrasmith
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answered on Mar 12, 2024

Based on the information you provided, it seems that your ex-husband had a legal interest in the $5,000 payment upon the sale of your home, as outlined in the divorce agreement and quit claim deed. When he passed away without a will in 2018, the legal question becomes who is entitled to his assets,... View More

1 Answer | Asked in Civil Rights and Real Estate Law for Georgia on
Q: What kind of attorney handles civil rights violations and discrimination by an HOA board?
James L. Arrasmith
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answered on Mar 11, 2024

An attorney who specializes in civil rights law and housing discrimination would be best suited to handle cases involving civil rights violations and discrimination by a homeowners' association (HOA) board. More specifically, you should look for attorneys with experience in the following... View More

1 Answer | Asked in Family Law, Personal Injury, Civil Litigation and Civil Rights for Georgia on
Q: I live in Midway Ga, back in 2010 my ex-husband died in Puerto Rico & Forensics Agency won't write out death certificate

I've traveled 4 times to PR in 14 yrs with no success. They give me excuses: study remains, waiting Forensics from US, it's still an open case, Supervisor is not in. My daughter's collected 0, no resources cause Cience Forensics & Pathology in San Juan won't emit one. Do I have a case??

James L. Arrasmith
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answered on Mar 10, 2024

Based on the information you provided, it seems that you have been struggling to obtain a death certificate for your ex-husband from the Forensics Agency in Puerto Rico since 2010. The lack of a death certificate can indeed cause various legal and financial difficulties, such as claiming benefits... View More

2 Answers | Asked in Family Law, Appeals / Appellate Law, Child Custody and Civil Rights for Georgia on
Q: so I was not properly served as per the proper order of service demands by law.The acting judge didn't acknowledge that

and has been extremely biased in this whole process, as well as after the initial hearing, which that hearing and any proceedings should have been dismissed as the law on the principle certificate of service was purged by dftcs and the acting court actors. We never received by hand delivery, nor... View More

James L. Arrasmith
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answered on Mar 9, 2024

It sounds like you have serious concerns about how your legal case has been handled so far. Based on the issues you described, here are a few thoughts on potential next steps:

1. File a motion to dismiss: If you believe the court lacks jurisdiction over your case due to improper service of...
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1 Answer | Asked in Real Estate Law and Tax Law for Georgia on
Q: Family home in life estate deed. If all agree to sell home before tenant dies, what tax implic tenant & remaindermen

Is tenant eligible for medicaid if home in 15 yr old life estate is sold Georgia

James L. Arrasmith
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answered on Mar 8, 2024

Selling a home held in a life estate deed before the life tenant passes away can indeed have tax implications for both the life tenant and the remaindermen. If all parties agree to sell the property, the proceeds from the sale are typically divided between the life tenant and the remaindermen based... View More

1 Answer | Asked in Tax Law for Georgia on
Q: I filed my taxes. I was supposed to get a refund but instead I received a letter. Stating that I owe for 2012.

I filed my taxes. I was supposed to get a refund of about $5800 but instead I received a letter stating that I owe taxes from 2012 of about 14k and I have penalties of about 20k on top of that. So almost 36k total. Also, it has myself and the name of a woman I do not know. The even stranger thing... View More

James L. Arrasmith
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answered on Mar 8, 2024

Receiving a letter from the tax authorities claiming you owe a significant amount from a year when your earnings were modest, along with penalties and a name of someone you do not recognize, is understandably distressing. The first step in resolving this issue is to closely examine the letter for... View More

2 Answers | Asked in Child Custody, Criminal Law, Federal Crimes and Family Law for Georgia on
Q: Can I get full custody of my 3 year old daughter if the mother is taking, selling and manufacturing drugs?

She also has untreated mental health issues because of drug use bipolar disorder and ptsd.

James L. Arrasmith
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answered on Mar 8, 2024

If you are concerned about your daughter's safety and well-being due to the mother's involvement in drug-related activities and untreated mental health issues, you might have grounds to seek full custody. Courts generally prioritize the child's best interests when making custody... View More

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2 Answers | Asked in Child Custody, Criminal Law, Federal Crimes and Family Law for Georgia on
Q: Can I get full custody of my 3 year old daughter if the mother is taking, selling and manufacturing drugs?

She also has untreated mental health issues because of drug use bipolar disorder and ptsd.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 13, 2024

You will need to file for sole legal and physical custody in court and to assert your rights as the legal father and not just the biological father. The mother will need to be properly served so that she has notice and opportunity to be heard and the case can move forward.

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1 Answer | Asked in Social Security, Estate Planning, Probate and Public Benefits for Georgia on
Q: Teacher retirement benefits

If the husband dies and leaving the widow the benefits and she dies, who shall the benefits go to?

James L. Arrasmith
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answered on Mar 8, 2024

When a teacher passes away and leaves their retirement benefits to a widow, the next steps regarding the benefits after the widow's death depend on the specific rules of the retirement system. Each retirement system has its own set of policies for the distribution of benefits after the... View More

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: I already have a child support order in place. How would I go about filing an uncontested divorce?

I have an existing child support case, and we agree on everything, and do not have any assets to split

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 13, 2024

I'm not sure what your existing child support case has to do with your divorce unless you are wanting credit for the current order with regard to a new order that may come out of your divorce. If a divorce is truly uncontested then you would have all the proper paperwork signed and it would... View More

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1 Answer | Asked in Family Law for Georgia on
Q: My sister passed away in December 2023. She has a 16-year-old. His father is listed on the birth certificate, they were

never married. He never filed for legitimation. My parents are named as guardians in the will. The will has not gone through probate yet. If the father were to file for legitimation, would he serve the estate? Or can he directly petition the court? Should he file for emergency guardianship before... View More

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answered on Mar 7, 2024

It is possible for the child's father to file a petition to establish his legal rights after the death of the child's mother. The more concerning part would be why the father waited 16 years to file the action. The Will reflects your sister's intent. This will be a hurdle that may... View More

1 Answer | Asked in Traffic Tickets for Georgia on
Q: Can I fight ticket for No valid Tag Registration by using Right to Travel for personal use NOT Commercial use?

Received a ticket and want to use my Right to travel without paying a fine.

Glenn T. Stern
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answered on Mar 7, 2024

No. Those sovereign-citizen videos are worthless. You have a constitutional right to travel-you do NOT have a right to travel in a motorized vehicle on the public roadways without having a valid license, registration and proof of insurance. Most courts these days are wise to the sov-cit script,... View More

1 Answer | Asked in Family Law and Probate for Georgia on
Q: Son has a no contact order issued by Judge against his wife she has all his belongings including his truck . An his on h

Hospital csn he give me power of. Attorney an I cam get his belongings am truck

James L. Arrasmith
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answered on Mar 6, 2024

If your son is currently unable to retrieve his belongings due to a no-contact order, granting you a power of attorney (POA) can be a legal means for you to act on his behalf. A power of attorney would allow you to manage certain affairs for him, such as collecting his belongings, including his... View More

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