My defendant has a seemingly well-experienced attorney on HOA law
answered on Sep 19, 2023
You can search through legal directories for attorneys experienced in real estate law. You can also look on the Georgia Bar Association website for attorneys who are members of the Real Property Law Section. Whenever you speak with an attorney, ask them for a list of cases relating to HOA law that... View More
answered on Sep 19, 2023
You will most likely need to probate the will in solemn form. If you are also named as the executor, once you are appointed as executor with letters testamentary issued, you can then transfer the property into your name once the creditor claims period has expired. You can also manage insurance and... View More
answered on Sep 18, 2023
You can contact the tax commissioner and/or sheriff's office in the county where the property is located and ask for the contact information for the purchaser who won the auction. You can also look in the public records for the tax sale deed which will have purchaser information from the sale.... View More
I checked property before auction and it showed another foreclosure (actually 1-st one) was attempted but case was dismissed. After I purchased house I started receive note on estate of deceased owner. I called case’s attorney but he didn’t want talk to me since I am not in case, saying they... View More
answered on Sep 14, 2023
Unfortunately, when you purchased the property, you purchased it subject to all superior interests including the one that was recently foreclosed. Your only recourse at this point would be to collect any surplus from the most recent foreclosure auction. Schedule a free consultation to discuss... View More
We do not know if there is a bank account set up for the estate or how much money has been put into the account.
answered on Sep 11, 2023
Yes, you can request an accounting from the executor/administrator to see what funds have been put into the account. You can also request an inventory of personal property. If you believe the executor/administrator is mishandling estate funds or property, you can ask the court to remove them and... View More
answered on Sep 11, 2023
Sorry to hear about the tragedy that has affected your family. If the children are over 18, each of them will be able to receive their portion without the necessity of a trust or other protected account being set up. If they are under 18 and the amounts received are over $15,000 or the total amount... View More
The injury has resulted in a fractured C2 vertebrae in my neck which will require 4 months in a neck brace to hold my neck straight. Still, there is no guarantee that I will not suffer paralysis. I am a 76 year-old military officer's widow and live on a fixed income. I now can do almost... View More
answered on Aug 30, 2023
Absolutely. If the asphalt was not properly maintained and created an unsafe condition, you are entitled to damages resulting from your fall. Schedule a free consultation as soon as possible to make sure evidence is preserved, your rights are protected, and you receive the compensation you deserve.
What rights do I as the widow have in regards to seeing for damages for feeling I was uninformed.by my late husbands parents about having a mortgage? His father made me sign docs in provate a month after I lost my husband. I was never told anything about the homes debt or mortgage. He told me the... View More
answered on Aug 29, 2023
It is unlikely that you would be entitled to any significant amount of damages regarding a debt that pre-existed your relationship with your husband. However, it would not hurt to explore the possibility as part of your foreclosure defense. There are a lot of factors to cover prior to making a... View More
was only ever told "if you sell the home we get what we paid for it" by his parents. Now they are coming after me for late fees and interest from a home purchased before we met back in 2010. Met late husband in 2016 and was married oct 2019. I feel I was deceived and made to sign probate... View More
answered on Aug 29, 2023
The mortgage holder is a secured creditor. They have the ability to foreclose on a house for the unpaid balance regardless of whether they have made a claim as a creditor in the probate. All hope is not lost though. There are still many options you can explore to fix your problem - refinance, sell... View More
Q: If a civil case has been dismissed without prejudice how long after the SOL are you able to reopen and “ Relate Back”
Can a case dismissed without prejudice be reopened after the statute of limitations and ask the cases be related back to original filing if the claim stays t
answered on Aug 23, 2023
If a case was dismissed without prejudice and not re-filed prior to the expiration of the statute of limitations, the claim would now be time-barred, preventing the plaintiff from moving forward with that particular cause of action.
Promissory note, states, each year 1.5% increase over prime rate. Lender will give a updated amortization invoice to borrower. Lender fails to do so over 20 years. Can he back charges for the increase. ? Borrower pays original agreed amount on time 20 yrs. Now Lender wants back increase with... View More
answered on Aug 23, 2023
It is very likely that the lender has waived his right to collect additional interest. However, without reviewing the terms of the note itself, it would be difficult to make a more precise determination.
My sister takes care of my mother--but my sister cannot physically do it. Mom wants the sale clear and uncontestable.
answered on Aug 20, 2023
If your mother is on title individually and has the mental capacity to make decisions on her own, there is no way for your sister to contest the sale. If your sister is on title or your mother lacks mental capacity, things get much more difficult. Either way, schedule a free consultation to make... View More
The Judge states that the codicil is not self-proven. Interrogatories to Witness to Will are being asked for. If said witnesses cannot be notified, what would be my next course of action? I have the original Will, but the original Codicil is with a copy of the Will records in another county. I did... View More
answered on Aug 19, 2023
In order to be self-proven, a will or a codicil has to have a self-proving affidavit attached to it pursuant to OCGA 53-4-24. Since the codicil in question does not have a self-proving affidavit, interrogatories to the witness must be produced to confirm to the court that the will was signed as... View More
I was the full-time sole caregiver for my parent in hospice for almost 2 years. During that time, they said they wanted to move money from POD accounts (with 2 equal beneficiaries) into a joint account I shared with the parent. They said it wasn't fair that I was single-handedly saving... View More
answered on Aug 17, 2023
The burden of proof falls on the accusing party but they only have to prove that by a margin greater than 50%, in other words, that it was more likely than not that the funds were wrongfully taken. If there are no witnesses and no written communications memorializing your parent's desire to... View More
answered on Aug 15, 2023
It depends on the wording in the will, but generally, yes, it can change and often does - children, siblings, nieces, and nephews get disinherited when a parent remarries and leaves everything to the new spouse. Schedule a free consultation so that your aunt's will can get reviewed to see what... View More
WY able to vacate immediately, am I entitled to compensation for moving expenses as per Ga. Code 22-1-13? Thank you for your time.
answered on Aug 13, 2023
It depends on what you mean by condemn. If the property has been condemned because it is deemed a hazard to the community, your compensation would likely have to come from the landlord. If the property is being taken by the county through a condemnation proceeding where the county takes the... View More
answered on Aug 11, 2023
Unfortunately, if you cannot qualify for a bond high enough to meet the court's minimum requirements, you may not be able to administer the estate. If no beneficiaries or interested parties qualify, the court would likely appoint an administrator to handle it. Schedule a free consultation to... View More
Is it legally binding? The signature of my mother is forged since she was incapacitated and not able to agree to this? What are my options to rectify this?
answered on Aug 7, 2023
In addition to requesting the court set aside the fraudulent deed, you could also ask for an order to quiet title. If your mother is still living and now capable of making decisions in her own capacity, she will need to bring the action herself. If your mother is still living and now incapable of... View More
I lost my grandparents around 3 years ago. My mother, also the executor of both estates (and bear in mind we have an extremely strained relationship), inherited almost everything while I ended up with the house. I have received a deed with clear title and it has been filed with the local superior... View More
answered on Aug 5, 2023
If the estates are still open, your best bet would be to petition the probate court to have the items removed or have the estate pay you a storage fee. You could make a claim as a creditor. Since you are the legal owner, you technically have the right to have the remaining personal property removed... View More
Mother passed in 2017. I am her sole living heir and was able to claim her physical belongings and car title at the time of her death. I just became aware that she has a small bank account on the Florida Unclaimed Property website, and I want to submit a claim for it. It is asking for a... View More
answered on Aug 4, 2023
You will need some form of probate completed to show you are the sole living heir. A summary administration or disposition without administration should be the easiest route depending on the amount of money in the bank account. You can also typically provide a death certificate that has the social... View More
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