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Questions Answered by Michael D. Birchmore
1 Answer | Asked in Real Estate Law for Georgia on
Q: I am my mother's poa. She has dementia and owns two houses that I think I need to transfer the deed to my name. how?

She has a will that leaves everything to me but do I need to transfer the deeds to me before she dies?

Michael D. Birchmore
Michael D. Birchmore
answered on Mar 17, 2015

Do not use a quitclaim deed to do this. Take the current deed to an attorney and have them draw up a warranty dee with rights of survivorship. Don't fool around with this. If you botch it by doing it yourself it will cost you much money to get it straightened out. You can usually get a... View More

1 Answer | Asked in Real Estate Law for Georgia on
Q: In Georgia is a purchaser agreement automatic extended 7 days after the expiration date of closing?
Michael D. Birchmore
Michael D. Birchmore
answered on Mar 17, 2015

You would have to look to the terms of the contract to determine. If the contract is a standard "GAR" form (GA Association of Realtors), the last time I looked the contract could automatically extend upon the request of either party. Beyond the 7 days would require the agreement of all... View More

1 Answer | Asked in Contracts for Georgia on
Q: A Man traded my daughter for two phones but gave her an XBOX 360 that doesn't work. is this illegal?
Michael D. Birchmore
Michael D. Birchmore
answered on Mar 17, 2015

Unfortunately, this is pretty much covered under the "caveat emptor" doctrine which means "buyer beware." Did your daughter not even check the item out to see if it worked? Was your daughter 18 years old or older at the time of the trade? If not, then the trade is invalid as... View More

1 Answer | Asked in Contracts for Georgia on
Q: My ex-husband wrote me a check in 2008. Now he is telling me he is going to sue me. Has the Statue run out in GA?

He wrote in the for section loan. I gave him a lot of jewelry including my Rolex GOLD watch as collateral. He still has these. I have never paid him anything on this. I am a Realtor and I reduced his commission on a sale to pay him back. However now he is telling me I owe him the total + 5%... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Mar 17, 2015

Can you ask this question again differently and be more specific please? Your fact pattern does not seem to fit together.

1 Answer | Asked in Juvenile Law for Georgia on
Q: Can a 24 year old male date a 17 old female in the state of Georgia?

Just curious?

Michael D. Birchmore
Michael D. Birchmore
answered on Mar 17, 2015

You know what they say about that don't you? Curiosity killed the cat.

1 Answer | Asked in Criminal Law for Georgia on
Q: What's Georgia law on transaction fraud and penalties
Michael D. Birchmore
Michael D. Birchmore
answered on Mar 17, 2015

Can you be more specific please? Do you mean deposit account fraud by some chance?

1 Answer | Asked in Car Accidents for Georgia on
Q: I got side swiped by a tractor trailer

the driver probably don't know he hit me I only know the company name I have no witness or trailer number can I sue

Michael D. Birchmore
Michael D. Birchmore
answered on Mar 17, 2015

If you have not incurred any injuries, it is unlikely that an attorney would accept your case. No injury equals no case. If your car was damaged, turn it over to your insurance company.

1 Answer | Asked in Contracts for Georgia on
Q: what is needed to file a complaint for breach of contract.

Does the contract have to be filed with the court

Michael D. Birchmore
Michael D. Birchmore
answered on Mar 17, 2015

It depends. The more that you value this contract and want it enforced, the more you need to speak with an attorney to help you. With all respect to you, if you did not already know the answer to your own question, do you really expect that you will be able to prove your case in court? There are... View More

2 Answers | Asked in Child Support for Georgia on
Q: I am a dad ,now i trying to put myself on child support, and see my child. Where do i start ?
Michael D. Birchmore
Michael D. Birchmore
answered on Mar 17, 2015

The first thing you do is go and talk with a lawyer! I cannot stress this strongly enough. If the child was born out of wedlock, then you must legitimate the child formally though the court. The legitimation process involves many issues, and I would not recommend that you attempt it without... View More

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1 Answer | Asked in Family Law for Georgia on
Q: When does child support end for a child 18 years old

2 daughters, 18 and 16, do I have to pay the child support for the 18 year old until the 16 year old turns 18?

Michael D. Birchmore
Michael D. Birchmore
answered on Mar 17, 2015

Support obligations end once the child reaches the age of 18 UNLESS the child is still in high school (secondary school) when 18 occurs. If an 18 year old child is still in high school, then support would continue until graduation OR until the child turns 20, whichever occurs first. The exception... View More

1 Answer | Asked in Family Law for Georgia on
Q: If I am the legal father and married to the mother can the biological father who has never met my 1 year take my rights
Michael D. Birchmore
Michael D. Birchmore
answered on Mar 17, 2015

I am unsure as to why you believe that you are the legal father. Was the biological father's rights terminated and you then adopted the child? If not, then you are not the legal dad. Marrying the mother does not make your relationship to the child "legal" in any way. You are the step-dad.

1 Answer | Asked in Family Law for Georgia on
Q: If a child was legitimized and the father pays child support and then find out he not the Father do he still have 2 pay
Michael D. Birchmore
Michael D. Birchmore
answered on Mar 17, 2015

If the legitimation has been granted and child support has been ordered, then yes, the father will still be obligated to pay support even though he may find out later that he is not the biological father of the child. The father should have demanded a DNA test to confirm paternity during the... View More

1 Answer | Asked in Uncategorized for Georgia on
Q: Will you go to jail for not paying rent a center
Michael D. Birchmore
Michael D. Birchmore
answered on Mar 17, 2015

Unless you have been arrested for or convicted of a crime, you are not going to be thrown in jail. If you are simply not making your payments because you are having financial difficulties, you may be sued and your credit rating damaged, but you will not go to jail for non payment. Debtors prisons... View More

1 Answer | Asked in Family Law for Georgia on
Q: If I file for CS from my ex will it take away from his other child he pays CS on? We all live in GA

He pays 300 a week for his one child now, will that be cut in half if I file for my child?

Michael D. Birchmore
Michael D. Birchmore
answered on Mar 17, 2015

This is a highly fact oriented question. To answer it, we would need to review the child support worksheet and child support addendum. Unfortunately, we are unable to do this through this forum. Your best bet would be to contact a local family law attorney and have them look at the papers and... View More

2 Answers | Asked in Military Law for Georgia on
Q: Hello I have a few questions. It is authorized to use your military email account to conduct personal business?
Michael D. Birchmore
Michael D. Birchmore
answered on Mar 17, 2015

You should probably ask your CO or contact your local JAG office for an answer. Generally, most lawyers are going to strongly urge people to NOT use their occupational email account(s) to convey personal non job related communications. You can probably guess why.

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1 Answer | Asked in DUI / DWI for Georgia on
Q: I have a friend who is asking me for advice about her situation.

I have a friend who is asking me for advice about her situation. I don’t know what to tell her, about the legal side of it. Jane is about to get married to Mike. Mike had a DUI several years ago and he apparently has been driving without a license. His daughter has been keeping his car title and... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Mar 17, 2015

When in doubt, stay out. This is not a good idea on many levels. Your instinct is correct. All Mike has to do is get his license reinstated. If he has requirements to complete in order to do this, he should go ahead and do it. After all, why wouldn't he? I imagine it could be because... View More

1 Answer | Asked in DUI / DWI for Georgia on
Q: I have two DUI in atlanta for one month. Last one was 01.01.2005. I did`t show up on court because i`m non citizen

My visa was experied and i just go back in my country. Now i would like to visit my brother,but i scared about that case i can go in jail

Michael D. Birchmore
Michael D. Birchmore
answered on Mar 17, 2015

Unfortunately, you have provided some information, but have not asked a specific question.

1 Answer | Asked in DUI / DWI for Georgia on
Q: I received a DUI in AZ, can I get it expunged now that I live in GA?

Research shows I cannot remove it from my AZ driving record but I would like for it to no longer show up for GA or anywhere else or if I can somehow get it expunged altogether I would prefer to do that. I do not want to have it on my record for life due to a stupid mistake.

Michael D. Birchmore
Michael D. Birchmore
answered on Mar 17, 2015

I'm afraid that only the state of the offense will be able to remove convictions by that state. In this case, AZ would be the state to contact. If AZ won't do it, I would be extremely surprised if GA showed any interest in helping you.

2 Answers | Asked in Contracts for Georgia on
Q: Is a verbal contract binding in georgia?
Michael D. Birchmore
Michael D. Birchmore
answered on Mar 17, 2015

Also, under the Statute of Frauds, any contract for the sale of land must be in writing and signed by the person against whom enforcement will be sought.

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