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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
He died due to the care taker canseling more than a dozen of his doctors appointments, changing his doctor, farming him for pills, and now shes selling and giving away his assets (furniture, farm equipment, vehicles, and all his guns are gone). my mother and i have lived next door on his property... View More
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answered on Feb 27, 2024
You need to file a petition in probate court in the county your grandfather lived prior to his death. The court will notify any other heirs or interested parties (including the caretaker) of the legal matter. You should request to be appointed the personal representative unless someone else can... View More
Can I file on my own or do I need a lawyer? He has a lawyer.
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answered on Feb 27, 2024
I would encourage you to seek legal counsel to discuss your options. A temporary order can be appealed but the order will be reversed under limited circumstances. If it is your desire to have the order reversed only because you no longer like the terms, your reasoning will not withstand legal... View More
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answered on Feb 27, 2024
You should file an Application for Citation of Contempt. You must prove that your ex's violation of the court order was intentional. If you are successful in proving her actions were intentional, you are entitled to an award of attorney's fees and expenses of litigation. Depending on the... View More
The judge gave visitation but there is only a custody schedule in place for the older two children. The last child is not legitimized. The person the TPO is against has filed for legitimation but until then I have sole custody.
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answered on Mar 7, 2024
Assuming the "last child" is the child for whom the TPO provides protection, the dad's visitation schedule will definitely be affected. TPOs are granted on a permanent basis for a minimum of 12 months and upon their expiration you can request an extension if the child fears for his safety.
We live in separate counties. I asked the Superior Clerk about filing fees and he inquired about the counties we live in. When I told him my husband was in another county, I was informed he'd have to be the one to file as the Plaintiff. This does not matter to us who is listed as who. We just... View More
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answered on Mar 7, 2024
File in the county where you both lived together if one of you still lives in that county. If not, file in either county where you now live. Where you were married is not relevant. What's most important is that you have been residents of Georgia for at least six months before filing for divorce.
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answered on Nov 16, 2024
Pay the bills to avoid imminent disconnection. Then hire an attorney to assist you with filing a petition for guardianship and conservatorship. Otherwise, you will have difficulty handling your loved one's financial matters and healthcare matters.
Father dies in 2018 as joint tenant without ros with mother who died in 2024. Nothing has been filed with probate yet. I am the only biological child and have 2 older half brothers (from mom's previous marriages). Do I inherit half of my fathers interest in the home or is it divided between... View More
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answered on Nov 16, 2024
Joint tenant WITHOUT rights of survivorship is tantamount to a tenant in common which means the owners' ownership interests may vary.
Your facts need to be clarified a little more to answer your question comprehensively. For example, was your dad married to someone other than your... View More
I am 16 years old and I buy my food and phone with my money and my parents keep taking it when it arrives so i was wondering if they can take my stuff even tho i buy it with my money. Also My dad threatended with a knife when i backed him up because he got close and he was heated and my counselor... View More
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answered on Nov 16, 2024
I'm saddened to hear this is occurring in your household. Abuse of any kind is absolutely never condoned by the law. If your dad is chastising you by striking you with foreign objects or makeshift weapons, you should contact the authorities including your local police and local department of... View More
My soon to be ex husband says that he doesn’t believe our unborn baby is his (I believe it’s his girlfriends doing because at first he was on board). He wants nothing to do with him or me and wants to give up his rights at birth. Can he give up his rights with no step parent or other father to... View More
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answered on Nov 16, 2024
A child conceived during a marriage is presumed to be the child of the marriage unless a genetic test proves otherwise. In your divorce proceeding your husband may ask the court to enter an order for a genetic test. He would then submit to the test along with swabbing the child. If the child proves... View More
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answered on Nov 16, 2024
The short answer is yes. The better answer is the division of child support services may close the case for purposes of judicial economy i.e. see my colleague's response.
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answered on Nov 16, 2024
A genetic test/DNA test/paternity test are all terms used to connote when males are seeking to determine the blood relationship between themselves and a child. After you submit to the test which should be conducted by a qualified immunologist, you will receive the results.
A periodic... View More
I have an existing child support case, and we agree on everything, and do not have any assets to split
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answered on Mar 7, 2024
You would file all required documents in the county where you live.
There was no will. I have three siblings and my stepdad. My brother passed away right after my mom. He had no heirs. My stepdad and my other two siblings don't want anything to do with the property because they have their own homes. How do I close out the Probate so that I can get the... View More
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answered on Mar 7, 2024
I'm really sorry for your loss. Your question concerning the mortgage and home insurance is one that is dictated by contract law and not probate.
If your step-dad was still married to your mom at the time of her death then he is her heir at law not you and your siblings.
Within so many days?
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answered on Jul 27, 2021
It depends. You should consult the court where you filed the response to determine how soon the matter can be heard. Some jurisdictions can get the parties before the presiding judge or judicial officer soon than later. Every venue is different. The Uniform Superior Court Rules provide the... View More
Three years ago my daughter was in abusive relationship her bf wouldn't let me take the baby and my daughter would steal from Walmart to support her daughter cause the baby father was addicted to pills and would abusive to her. Well she got caught twice put on probation and went to jail for... View More
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answered on Jul 7, 2021
Your daughter doesn't have an appeal appealable issue. She simply needs to revoke/terminate/end the guardianship in a signed writing. The Division of Family and Children Services did not initiate a petition of protection nor did they seek termination of your daughter's parental rights.... View More
I had a 9 month relationship with a woman who is engaged to be married. Out of nowhere she broke it off, changed her number and blocked me. I sent a ridiculous amount of emails to try and get her to respond. Cusses her out, threatened to tell her boss she uses illicit drugs in which she does. In an... View More
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answered on Jul 7, 2021
If your ex actually filed a TPO against you then the Sheriff's department would have served you with notice. Unless you have been avoiding service, she may just be pulling your coat tail. Avoiding service for a hearing for a temporary protective order can have adverse affects for you so... View More
today, she got angry because she was changing my daughters diaper and i took over and did it myself. she then started an argument because i did not want her to see my birth video and her reasoning was because she is my mother and she has that right. i do not want this around my child but i am 15... View More
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answered on Jul 6, 2021
I am saddened to hear that this type of disturbance is occurring in your home where peace should resound. Because you are a minor yourself there is not much you can do unless the situation turns violent and you and your daughter's life is in danger. You could also talk with your grandmother... View More
So yes, wife and I divorced 2014. I tailspun out and was homeless, addicted, mentally lost it a few times, once ended up at a psych place for evaluation etc. 2017, and a couple attempts in 2016 I began trying to pick up myself up and wanted better. Prior to this, was always honest with exwife... View More
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answered on Jul 6, 2021
First, I would like to express my sincere condolences for your current situation. As a child support attorney, I am aware of the frustrations surrounding child support arrearages. It is great you were able to purge the amount and be released from jail. On another note, if the mother of your... View More
My brother didn't have a will. He was still legally married, but his wife moved out of their home in 2015. My father moved in to physically care for him in 2016, due to declining health. I began helping him manage his small trucking business. He had me write the check and sign his name,... View More
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answered on Jul 6, 2021
Who is "she"? Are you referring to the estranged wife? Did the court appoint her as the personal representative? Were you not served with notice of her Petition to be Appointed as the personal representative? If so, why didn't you file a caveat to contest such appointment? Even... View More
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