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Questions Answered by Jammie Taire
1 Answer | Asked in Estate Planning for Georgia on
Q: Can heir property be taken from other heirs if the person who stay in the home leaves it to someone else in their will?
Jammie Taire
Jammie Taire answered on Oct 6, 2019

In order to properly answer this question, a little more information is needed. I am not clear on what you are considering "heir" property. In any event, a person can only leave what they have so even if the person is staying in the property that does not necessarily give them title to the... Read more »

1 Answer | Asked in Estate Planning and Landlord - Tenant for Georgia on
Q: I met this guy a few months ago who lived alone. He just lost his wife and his mom and was really depressed.

I was in a situation where i was previously living and i needed to move. So it seemed like we could both help each other. He asked me if i would consider moving in with him as friends and help him get his house back in order, it would have probably been considered unlivable in its current state.... Read more »

Jammie Taire
Jammie Taire answered on Oct 6, 2019

Hello:

This sounds like a really bad situation and my first response would be for you to leave and get yourself out of this situation. Your safety is of the utmost importance. I am not sure of the question. What is your specific question?

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: My mom died (90) I was her caregiver and live in her home with her for 29 years, she had credit debt will I loss my home
Jammie Taire
Jammie Taire answered on Sep 1, 2019

First, let me express my sincere sympathy regarding the loss of your mother. The answer to your question depends on many things and there is not enough information to provide a thorough answer. We would need to know whether your mother had a will, how the property was deeded, how much debt your... Read more »

2 Answers | Asked in Probate for Georgia on
Q: What can I do to protect my spouse that is not co-buyer on a home if i should pass away?

I have the better credit score but I don’t want my spouse to have the burden of losing or face a due-at-sale clause.. what are my options,, we are about to buy a home

Jammie Taire
Jammie Taire answered on Sep 1, 2019

First, congratulations on your decision to purchase a home. This is a big step and I commend you and your spouse for electing to make this investment!

One option available to you is to speak to the closing attorney and have the deed prepared in both names with joint right of...
Read more »

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1 Answer | Asked in Estate Planning for Georgia on
Q: Can a trustee use funds from an irrevocable trust to create a new irrevocable trust for a different beneficiary?

I am the sole beneficiary of a 15 year old irrevocable trust and I believe the assets were recently moved into other brand new irrevocable trusts with new beneficiaries. (The grantor is the trustee) If the trustee has no other funds to reinstate my trust assets are the newly created irrevocable... Read more »

Jammie Taire
Jammie Taire answered on Feb 18, 2019

This can be considered a difficult and loaded question without the benefit of looking at the language in the trust. As a general answer, I will say that this is possible. It is called decanting. If you are concerned about the trustee you may reach out to the trustee or consult with an attorney... Read more »

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: What rights do I have as a heir so that everything doesn't go to my half siblings when my step mother passes?

My father died intestate 4/2015. Stepmother barely speaks since he passed. Don't think that everything should go to her children. She will not give any thing to us.

Jammie Taire
Jammie Taire answered on Feb 18, 2019

I would like to express my condolences for the loss of your father. From the information you provided, I assume that your Father did not have a will at the time of his death. As such, in GA, his assets would be divided between your step-mother and his children with the step-mother taking no less... Read more »

1 Answer | Asked in Estate Planning for Georgia on
Q: I was one day late giving answer to the eviction. I emailed the court yesterday on the final day to let them know I was

On the way. I didn't make it. Got there at 9 this morning and they tell me it was too late. We had to be out in 24 hours this man didn't make out a new lease when the old one went out I thought I would had 60 days to get out according to the tenant at will. I have every message between the landlord... Read more »

Jammie Taire
Jammie Taire answered on Feb 6, 2019

This is a difficult time. Under Georgia law, when someone files a dispossessory action against you, you have 7 days to file an answer from the date it is served (service may be posted on your door). If you do not file the answer within the seven (7) days the landlord can get an writ against you... Read more »

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