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Georgia Elder Law Questions & Answers
0 Answers | Asked in Elder Law, Health Care Law and Medical Malpractice for Georgia on
Q: I am not a lawyer. My former primary care Dr elected to join another concerige practice.

I elected to stay with the remaining DR. in the practice. I recently discovered there was no effort to transfer my medical records to the remaining Dr in the practice. title-31/chapter-33/section-31-33-2/ is ambiguous in this case of failure to transfer. It appears the records are being held... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Elder Law and Probate for Georgia on
Q: THERE IS A WILL. The "no admin required" agreements can't be used when there is will? It's use is now evidence FRAUD????

How was this overlooked by three lawyers and a judge? It seems that something so basic would be confirmed by any attorney. Why would my case be transferred to a new jurisdiction?

Anthony M. Avery
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answered on Nov 15, 2024

If the will is not filed for probate it means nothing. Hire a GA attorney to represent your interests.

0 Answers | Asked in Civil Litigation, Elder Law, Legal Malpractice and Probate for Georgia on
Q: There is a will. Mother's estate is not small. Can I charge the executor and his lawyer for fraud and punitive damages?

I don't know why two previous lawyers have not wanted to charge the executor AND his Real Estate Agent/Lawyer/Tax Preparer and Tax Lawyer/Property Management Company Owner. He seems to be holding on to the "no admin required" agreement for dear life. I haven't got a clue why my... View More

0 Answers | Asked in Estate Planning, Tax Law and Elder Law for Georgia on
Q: Successive life interest and income, I must pay tax,ins,upkeep. Fl.trust,GA ag prop,in a Fl trust. Income is from policy

I need a attorney to go over trust, financial, estate with me. The complexity is overwhelming. Policy is main source of income. My daughter is personal representative, co successor Trustee, remainderman, beneficiary as trustee, we have estranged her entire life. My mother's will says my... View More

1 Answer | Asked in Civil Rights and Elder Law for Georgia on
Q: What are my rights and responsibilities as a ward under a conservator? (May I legally drive, vote, take out loans, etc.
James L. Arrasmith
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answered on Oct 24, 2024

I recommend visiting CanIVote.org where you'll find the latest information from your state or local election authority.

1 Answer | Asked in Contracts, Criminal Law, Estate Planning and Elder Law for Georgia on
Q: Is it probate fraud to use the "no admin required" for estates above $15,00.00 in GA? 'it is a "license to steal"

I am waiting for a trial date that was moved from Gwinnett to Fayette County. I believe I've been a victim of Probate Fraud. The executor and his lawyer got me to sign a " no administration required" early on. Theses were meant to be used in small estates worth $15,000.00 or less.... View More

James Clifton
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James Clifton
answered on Sep 3, 2024

There is no monetary limit on a No Administration Necessary filing. The only requirements are:

1. All heirs must agree to the distribution of the assets of the estate.

2. There are no debts of the estate.

3. If there are debts of the estate all creditors have consented to...
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1 Answer | Asked in Estate Planning, Elder Law and Social Security for Georgia on
Q: I need to dissolve a trust and I can't pay to dissolve it unless I sue for breach of fiduciary duty's for failing to

I need my money which is not being dispersed and The fact that I need a lawyer to accomplish that makes it rather hard to pay him until I have what m hiring him for to begin with

James L. Arrasmith
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answered on Jun 8, 2024

I understand that you are in a difficult situation where you need to dissolve a trust and access your money, but you can't afford to pay a lawyer to help you do so unless you sue for breach of fiduciary duties. This is a complex legal issue that requires careful consideration. Here are a few... View More

2 Answers | Asked in Banking, Elder Law and Estate Planning for Georgia on
Q: Bro & I have POA for 93 yr old Mom.He takes her $. Mom has to sell house to pay for care. Where put $ keep from him?

She is in asst livg. He uses credit card for her meds etc & 4 himself & checks from her SS. I live diff state. Property val near $1 m. All her cash is gone, for her care. What vehicle to use for sale proceeds ensure safety of $?

Nina Whitehurst
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answered on Mar 21, 2024

If your brother is stealing from your mother, you might need to file a petition to have yourself appointed as your mother‘s conservator. Then, as conservator, you can sue your brother for the funds he stole. And, as conservator, you will have the sole right to manage her financial affairs going... View More

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1 Answer | Asked in Family Law, Elder Law, Probate and Wrongful Death for Georgia on
Q: my grandfather died and now his caretaker is squating in his house refusing to show anyone his will.

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

Kedra M. Gotel
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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

1 Answer | Asked in Civil Rights, Elder Law, Federal Crimes and Probate for Georgia on
Q: A will was legally filed in probate, and the daughter was also the executor and. Inherent: why wasn't her name changed?

The inherent name was not changed from the deceased to the legal person. It was not recorded, nor did the money on the loan was reported to the credit bureau. The mortgage company and Fannie Mae illegally to the home. There are documents to prove it. It was also racially motivated, and a lot of... View More

James L. Arrasmith
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answered on Feb 5, 2024

When a will is probated and an individual is appointed as the executor and beneficiary, the legal transfer of property, including changes to titles and accounts, requires specific actions to be taken. The failure to change the property title from the deceased to the beneficiary can result from... View More

1 Answer | Asked in Family Law, Elder Law, Military Law and Social Security for Georgia on
Q: Contacted by estranged sister's (head injury/stroke) caregiver (deceased husband's cousin) to assume his POA. Must I?

Estranged (in TX since 1972) sister (DOB April 1954) falls in 2012due to Air Force knee injury (surgery & discharge 1974; also forced early retirement in 2011) & struck head, resulting in stroke hours later, which resulted in partial paralysis. Her husband cared for her until his death from... View More

James L. Arrasmith
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answered on Jan 5, 2024

You are not legally required to assume the power of attorney (POA) for your sister. Accepting the role of POA is a voluntary decision and carries significant responsibilities, particularly in managing her personal and financial affairs. Given your concerns about your ability to provide financial... View More

1 Answer | Asked in Real Estate Law and Elder Law for Georgia on
Q: What are the financial repercussions/benefits of co-owning a home with my siblings?

My dad (75 yo) has cancer/parkinsons. We realized early on that we had to sell his 3 bedroom home because it no longer works for him. My sister has said that she now plans on using all of the money to buy a larger 5 bedroom home for her, her family, and my dad to live in and putting her, my... View More

James Clifton
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James Clifton
answered on Dec 21, 2023

If you own a property jointly with anyone, their debts can attach to the property and severely jeopardize the ability to sell the property in the future. The situation you describe could end up as a gigantic mess. Schedule a free consultation to determine the best course of action to make sure you... View More

1 Answer | Asked in Landlord - Tenant, Estate Planning and Elder Law for Georgia on
Q: If a tenant gets arrested for a felony of domestic violence and false imprisonment is that automatic grounds for evictio

She was already way behind on rent and had broken the rental agreement...

Anthony M. Avery
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answered on Oct 30, 2023

Obviously there are already grounds for breach of lease contract and the owner can sue for possession now.

1 Answer | Asked in Elder Law for Georgia on
Q: Today, we were served an order for my mom to be removed from the home with no explanation

Her conservator did the order. How do I get her back home?

T. Augustus Claus
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answered on Sep 18, 2023

If your mother has been served with an order for her removal from her home in Georgia by her conservator, it is essential to take swift and deliberate action. Begin by thoroughly reviewing the court order to understand the basis for her removal. Collect and organize any supporting evidence, such as... View More

1 Answer | Asked in Estate Planning and Elder Law for Georgia on
Q: My mom wants to sell her property and go into a nursing home/elder care facility & wants to avoid issues with my sibling

My sister takes care of my mother--but my sister cannot physically do it. Mom wants the sale clear and uncontestable.

James Clifton
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James Clifton
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

1 Answer | Asked in Estate Planning, Real Estate Law, Civil Litigation and Elder Law for Georgia on
Q: Can someone us a specific power of attorney to convince notary person to that they have power of attorney over their par

Can someone us a specific power of attorney to convince notary person they have power of attorney over their parents when the specific power of attorney was already voided after 60 days. Would the notarized quite claim deed be valid?

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answered on Aug 1, 2023

If the POA was revoked at the time of Deed execution then there was no valid conveyance. However if no interested party ever files suit to have the Deed declared void, then the purported conveyance remains of record. After many years the voidable Deed is cured. Contact a GA attorney now... View More

1 Answer | Asked in Elder Law for Georgia on
Q: My sister died in a nursing home without a will who would get money

She had a state appointed lawyer to handle her money

T. Augustus Claus
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answered on Jul 3, 2023

When someone passes away without a will, the state's laws of intestate succession typically determine how their assets are distributed. The laws vary depending on the specific family situation, such as whether the deceased had a spouse, children, parents, or other relatives.

1 Answer | Asked in Real Estate Law, Elder Law, Probate and Social Security for Georgia on
Q: How much time do we have in Georgia to challenge a quit claim deed made because of constant duress?

Elderly mother signed quit claim deed of 5 acres of land and small 30 year old mobile home, to adult and oldest of 3 total siblings, to protect it from pending lawsuit. The property was all she had in the world & wanted to make sure she could keep,being her only place to live. One sibling... View More

Anthony M. Avery
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answered on Jun 29, 2023

If that Daughter also got a power of attorney from the Mother, then she was and is a fiduciary. If so, any and all transfers of principal's property to the attorney in fact are presumptively fraudulent. If no poa, then you will need good evidence of fraud with witnesses, and you probably... View More

1 Answer | Asked in Estate Planning, Family Law and Elder Law for Georgia on
Q: As conservator for my father upon his passing, how many years back can I collect commission on his passing?

My father had dementia, we went to court for emergency guardianship and conservatorship. At the start I was conservator and another family member was guardian. Six months later I was also appointed guardian. They were many legal issues due to him having a spouse who was contesting everything. Lots... View More

Seth Meyerson
Seth Meyerson
answered on May 23, 2023

This is a complex issue. Get a Georgia Guardianship/conservatorship attorney. The money you save will be your own.

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