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Questions Answered by Michael D. Birchmore
1 Answer | Asked in Real Estate Law for Georgia on
Q: I have been living in a apartment for four years and my neighbor sleeping with boyfriend or ex

The neighbor above me has been mixing rat poison up with water I believe in a hug and spraying it down in my apartment for four years as well as videoing me in my apartment and sending it to people. She was coming in and out of my apartment sleeping with my ex and brought a bed bug even in here... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Apr 28, 2021

If you believe that you are a victim of a crime, you may call the police to report it.

4 Answers | Asked in Family Law for Georgia on
Q: My wife is asking me to pay her $1250 in Alimony and sign a NC Quickclaim Deed do I need to pay her alimony

we are both retired 100% disabled veterans I live in Columbus GA and she lives in Fayetteville NC she has 3 houses that she owns and 1 that we are both signed for ... I lost my left leg in 2018 and now live alone here in Columbus on Ft Benning we have been married since 1979 we devorced in 2005... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Apr 28, 2021

You do not mention whether you are currently involved in a divorce action. If you are, then the answer to your question will be clear at the end of the case. If you are not in a divorce case and you are still married to her, then you do not have to pay her alimony -- unless, that is, some court... View More

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1 Answer | Asked in Probate and Tax Law for Georgia on
Q: I have a litigation question. Almost three decades ago, my father lost everything he owned and didn't own due to unknown

reasons to this day; including an inheritance worth millions of dollars. Therefore, he owed the IRS a numerous amount of money. He ended up in the hospital and was treated for a financial breakdown. Moving forward, a few years later, he and my brother (who was only 18 years old at the time) started... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Apr 27, 2021

I hope that my colleagues who practice probate law will also answer your question as probate law is not my practice area of law. That said, however, not much in your description of facts makes sense when even basic legal principles are applied. I am not sure how taxes are avoided simply because... View More

3 Answers | Asked in Divorce and Child Custody for Georgia on
Q: How would my son get a probono lawyer to help him in his divorce case.
Michael D. Birchmore
Michael D. Birchmore
answered on Apr 23, 2021

Unfortunately, it is not that easy. The "system" doesn't just provide free attorneys. Your son may go to GA Legal Services online and see if he qualifies for some type assistance.

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3 Answers | Asked in Family Law for Georgia on
Q: My wife and I are moving out of an abusive household with her step father and he will not let us leave peacefully.

He will not let us leave and believes that he is the "patarch” of the house and what he says goes. He has threatened to shoot my wife multiply times and he thinks it’s a joke what can I do because now we are leaving and he will not let us leave

Michael D. Birchmore
Michael D. Birchmore
answered on Apr 23, 2021

If you and your wife are adults, then leave. You don't need his permission. If he tries to stop you, call 911 and report that you are being held against your will.

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1 Answer | Asked in Real Estate Law for Georgia on
Q: Am I required to forward eminent domain proceeds for property repairs when selling my home now.

I will receive money for a sewer tie in that will be available in approximately 2 years.

Michael D. Birchmore
Michael D. Birchmore
answered on Apr 23, 2021

You did not mention whether the house was under contract yet. If you already have a signed buy/sell agreement with a bona fide purchaser, then you need to involve that person in the discussion. At the very least you would need to disclose it in your Seller's Disclosure statement. This is... View More

1 Answer | Asked in Family Law and Juvenile Law for Georgia on
Q: My cousin is 16 and is really mature and responsible for her age. She wants 2 b emancipated from her mom who is emotiona

How can she do it quickly

Michael D. Birchmore
Michael D. Birchmore
answered on Apr 22, 2021

I'm sorry, but I do not hold out much hope that she will be successful. In 31 years of practice, I have personally known of only 2 emancipations being granted. She must be able to show that she has gainful employment and can pay for everything she needs, rent, car, insurance, food, medical,... View More

1 Answer | Asked in Civil Litigation for Georgia on
Q: Can I ask Superior Court of Georgia to reverse a dedault judgement because I was scared and ignorant of the laws of Ga?

I have lots of details and need help. Please help me. I feel like injustice is done upon me. I meant to spell that as DEFAULT judgement, I made a typo in the question.

Michael D. Birchmore
Michael D. Birchmore
answered on Apr 21, 2021

You can certainly ask. However, your request will be denied unless you can give a better reason for the default than you have given us. When you decided to represent yourself instead of retaining an attorney, in the eyes of the law you basically stated "I know the law and I don't need... View More

1 Answer | Asked in Real Estate Law for Georgia on
Q: Residential house contract; previous owner agreed to repair and signed that he had at closing; discovered he hadn't...

... it was a septic tank repair so we couldn't discover the work hadn't been done until months later when a problem occurred. The previous owner and his agent signed at closing stating the work had been done but it was a lie. Is the previous owner liable? Is the agent? Is the agent's... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Apr 21, 2021

You are dealing with an area of law that is not easily explained. You should take all the documents to an attorney and discuss your options going forward. If you ever doubt you need an attorney, remember, you are asking who you should sue. Typically, that is one of the more simple issues to... View More

1 Answer | Asked in Real Estate Law and Construction Law for Georgia on
Q: Can a lender refuse to do an inspection because current month's payment is delinquent? Lender says loan is in default.

According to contract terms, if payment is made after the 15th, a 10% penalty is due with payment. All (7) payments have been made and accepted. Lender/Inspector stated on "April 19th" he will not inspect the project to fund the draw because the loan is in default. There is a 15 day... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Apr 20, 2021

Go back to the signed loan agreement. You may find language that spells out that a certain number of delinquent payments will result in a default status. Another phrase to watch for is one which allows the Lender to call the loan in default whenever the Lender "... in good faith deems itself... View More

1 Answer | Asked in Real Estate Law, Contracts, Products Liability and Insurance Defense for Georgia on
Q: I had all my water lines replaced about 10 months ago. I had a leak that ruined my floor. Am I liable or is the company

They replaced my pipes about 10 months ago and said they couldn't get to one area, so they just tied into the existing pipe. I discovered a leak about a week ago and they came to fix the problem yesterday. The fitting from where they connected to the old pipe burst and caused water damage and... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Apr 19, 2021

No way to know online and without an inspection. However, it would seem that the problem was the pressure brought in by the new line was too much for the old line to handle. Professionals should know this. Yet, it appears that you knew about it and gave your consent to proceed.

Bottom...
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3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: What template should i use to file for joint custody of 2 kids between my ex and i? We're in agreement.

Shes recently been diagnosed with stage 3 cancer and in chemo, radiation and has failing kidneys. She wants this done as well as a will immediately and as cheap as possible. So were trying to file this ourselves.

Michael D. Birchmore
Michael D. Birchmore
answered on Apr 19, 2021

Very sorry about the ex. You will need a competent custody attorney to prepare the papers. Too much can go wrong.

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2 Answers | Asked in Child Custody for Georgia on
Q: How do I start the process of getting custody of my children back from my mother and stepfather?

My mother got custody of them after dcfs got involved. I was told then that when my husband and I became stable again and everything that we could get custody back from my mom. All we had to do was file the paperwork and agree on everything.

Now, someone else is telling me it isn't... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Apr 17, 2021

Your question as you have stated it is easily answered. You first retain an attorney who is experienced in this type of law; custody, DFCS, etc. Then, you work closely with the attorney and cooperate with the attorney too. What you have been told about DFCS sounds right. You are in for a... View More

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2 Answers | Asked in Child Custody for Georgia on
Q: State of Ga. I have joint custody of my 11 year old son. Ex has primary physical. Can she move in with a boyfriend?

Is there a Ga state law regarding overnight stays on this?

Michael D. Birchmore
Michael D. Birchmore
answered on Apr 15, 2021

Ms. Edwards is correct. If you believe your child will somehow be in danger as a result of this move, you can petition the Court for a modification of custody which may alleviate the issue. Always speak with a competent attorney before you do anything.

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1 Answer | Asked in Real Estate Law for Georgia on
Q: I have an incident report of a then "parking committee" person that reported to the board. This person is now a board.

She is now a board member. I filed a incident report 1 5 yrs ago. She trespassed into my home and lectured the laborers about parking. I was told about it when I came home from laborers. Can I still take legal action against her?

Michael D. Birchmore
Michael D. Birchmore
answered on Apr 14, 2021

Sorry, but you have not provided near enough information. First, your question states this occurred 15 (?) years ago. Did you mean 1.5 years ago? What do laborers have to do with the situation? Most important question of all would be --- How were you harmed by any of this? It appears that you... View More

3 Answers | Asked in Divorce for Georgia on
Q: My wife and I are getting separated and she has my car in another state. What can I do legally to get it back
Michael D. Birchmore
Michael D. Birchmore
answered on Apr 14, 2021

File for divorce and request the car be awarded to you.

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1 Answer | Asked in Real Estate Law for Georgia on
Q: How do I file an injunction against CHOA to prevent building an 8 story building that blocks sunlight from my home.

The original plan was for a two-story power generation plant built partially undergroud, but plans changed without notice to the adjacent property owners.

Michael D. Birchmore
Michael D. Birchmore
answered on Apr 12, 2021

Meet with a real estate attorney and retain him/her to draft, file and serve the appropriate documentation. you will not be able to complete this on your own. It is highly likely you will also face having to pay the other side's attorney fees if you proceed.

3 Answers | Asked in Family Law for Georgia on
Q: How do i get my daughters last name changed from her fathers to mine?

My daughter has her fathers last name. She’s 6 months old and he hasn’t been involved since she was around 3 weeks old. I went to the Probate court office in my city and they told me that me and him would have to both sign since he’s on her birth certificate but he won’t sign even though... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Apr 12, 2021

You may file to have her name changed through the court. However, the father must be notified of this if you proceed.

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2 Answers | Asked in Divorce for Georgia on
Q: In filing out my petition for divorce r venue my husband and I got married in Plantation, Fl However, he never lived

in the United States. In the venue section, can I put that he never lived in the US and resides in England and just provide his address.

Michael D. Birchmore
Michael D. Birchmore
answered on Apr 12, 2021

You certainly may.

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2 Answers | Asked in Child Custody for Georgia on
Q: Can a judge give custody of my kids to the paternal grandmother without my knowledge of the proceedings/or signature?

I was in prison at the time of this filing and I never signed anything nor was I served a copy of anything other than the initial motion?

Michael D. Birchmore
Michael D. Birchmore
answered on Apr 12, 2021

Ms. Edwards is correct. You will need to speak with an attorney at this point.

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