I acquired ownership of a home in Georgia after it was used as collateral to borrow money, and the home is now officially in my name. However, the previous owner still resides there without paying rent or having a lease agreement. There was documentation related to the collateral arrangement. I... View More

I live in a neighborhood with an HOA regulation that states vehicles cannot be parked on the street for longer than 24 hours. There are no signs indicating parking restrictions, and I haven't encountered any issues or fines previously. Can I park on the street in front of my home if my... View More

Can a county code enforcer come onto my property without permission? They recently came, took pictures, and gave no prior communication of their visit. This is the first time I've had such an incident with the county, and I believe it might have been prompted by a neighbor's complaint for... View More

I'm located in Decatur, GA, and I'm navigating the process of changing the property deeds after the passing of my husband. We jointly owned our home, but the security deed inaccurately lists us as "unmarried," and the warranty deed doesn’t include joint tenancy with rights of... View More

Kent Bailey
answered on Mar 14, 2025

This will depend on whether you both are listed on the security deed. If you are, then no action should be required with regards to the security deed, as this simply records the mortgage companies interest to the property. In regards to the warranty deed, I assume that if you are not joint... View More

I am interested in purchasing a property in Walker County, Georgia, which has deed restrictions recorded in Deed book 1027, Page 308, dating back to 2001. These restrictions include a requirement for houses to be at least 2,500 square feet, but they don't mention an expiration or renewal... View More

I need advice regarding a will that dictates the inheritance of an estate. An uncle has borrowed money against the property and leased it out. The will is clear about who should inherit the estate, and I have copies of it. Discussions have taken place, but the uncle refuses to sign over the estate.... View More

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Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 9, 2025

Was the will filed for probate? If not it means nothing. If probated, the executor's duty is to marshal up assets and make sure the devise is executed in possession of the devisee. Executor and/or devisee can file for unlawful detainer and quiet title. Also Devisee can file an ejectment... View More

I live in Wilkinson County, Georgia, and I purchased a property on January 24, 2024. The tax assessor has informed me that they did not have to notify me about their assessment, which doubled my property assessment from the previous year because I bought the property after January 1, 2024. I... View More

I noticed that my neighbor has a camera installed outside his fence, facing my yard, which captures the entire back side of my house. This situation raises privacy concerns for me. The camera has not been in place for long. I would like to know if there is any legal action I can take or if there... View More

I am trying to find out if a property purchased in the late 1990s in Georgia was owned as Tenants in Common (TIC) or as Joint Tenants with Right of Survivorship. The county tax records list the ownership as "Estate of" for both the husband and wife. The mortgage statements I receive are... View More

I purchased a property that was listed as having 4 bedrooms and 4 bathrooms. However, I've discovered that county records indicate it actually has 4 bedrooms and 3 bathrooms. The selling agent stated there are 4 bathrooms as seen, but it turns out one is unpermitted. Can I sue the selling... View More

I am being sued for breach of contract by a contractor, but there was no written contract, and the contractor is not licensed in Georgia. The dispute involves remodeling work for a property I own. I paid the contractor $125,000 based on a verbal agreement about the scope of work, which took place... View More

Kent Bailey
answered on Mar 10, 2025

The immediate answer to your question is to file an answer to preserve your legal defenses and avoid a default judgment. If you were served with the complaint, you are required to file an answer within 30 days, or the opposing party can file for a default judgment against you. There are limited... View More

My brother passed away without leaving a will, and I have been paying the property taxes on his land for three years. My name was added as "Co" on the tax information, and now the tax bill is sent to my address, showing his name followed by "Co" and my name. I have not taken any... View More

Kent Bailey
answered on Mar 11, 2025

In order to legally transfer the title to the land, you will need to petition his estate to Probate in the county where he lived. Once his estate is approved, you can as the executor to the estate, transfer the title of the land via quitclaim deed.

I am an only child, and both my Georgia-resident parents recently passed away without a will that I can find. I have signed and notarized forms I was told are necessary and that I need to submit them to the probate court to be made executor of their estate, which I was informed costs $305 per... View More

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Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2025

Hire a GA attorney to either conduct an intestate administration or determine heirship and get an affidavit of heirship of record as your source of title. You are not able to do this yourself and could even lose the property.

My mom passed away some years ago without leaving a will. My dad currently holds the title to the land they owned. My siblings and I were supposed to sign paperwork regarding the land, but I'm unsure what paperwork is needed. What are the consequences if one of us didn’t sign, and what... View More

If I host a fundraiser concert with vendors on my property for a nonprofit organization, can I be sued if someone gets hurt, even though the nonprofit has insurance? The event will have over 300 attendees, with security and medical staff present, and areas are secured with cones and warning signs.... View More

Tim Akpinar
answered on Mar 13, 2025

A Georgia attorney could advise best, but your question remains open for a week. Unfortunately, there's no predicting what a claimant might do, despite the insurance of the nonprofit. One option is to explore event insurance, if available. Good luck

I would like to know how to remove my domestic partner from the deed of my home in Georgia. The mortgage is solely in my name, and I have made all the payments. We have been on the deed together for 6 years, there isn't a legal agreement regarding the property, and we are now breaking up. My... View More

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James Clifton
answered on Mar 3, 2025

Unfortunately, you cannot remove someone from a deed without their consent unless there is a written agreement to the contrary. The co-owner also has the right to occupy the property, so you cannot legally remove them either. If you want to keep the property, you will need to buy out your partner.... View More

In an existing commercial fixed-term lease signed in March 2022 and expiring in March 2027, can a new landlord increase the rental amount or add additional rent starting May 2025, despite there being no provision in the lease agreement for rent adjustments or changes of ownership clauses?

I have an issue where a seller canceled our written and accepted contract for the purchase of a single-family home because they received a higher offer. The seller notified me of the cancellation over the phone today, and there was no written follow-up. I've informed my agent that I want to... View More

Since 1998, I have lived in my parents' home in Georgia, paying part of the mortgage until I took over full payments in 2015 when my father passed away. We initially bought the house together with the understanding that my son and I would always live there with them. My father left a... View More

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James Clifton
answered on Mar 3, 2025

You will need to file for probate of both of your parents' estates. If your parents had no will, your sibling's children would be heirs who must be notified of the probate proceeding. During probate, you can try to enforce any of the agreements made by your parents. You can also file a... View More

I was burning leaves and, due to a call from my neighbor, the fire department arrived to put it out, even though the fire was under control. They did not communicate any risks or procedures used. However, two days later, a strong wind reignited the fire, which led to the destruction of my mobile... View More

Daphne Saddler Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2025

Generally, the fire department would not be responsible under these circumstances.

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