Georgia law provides that a spouse and children share equally in the estate. If you are the only child, you are entitled to one half of the estate.

Your father had a right to file for year's support which could result in him receiving all property.

You should consult with a... View More

Even if the paperwork is lost, if the lien has been paid, it can be released by an affidavit prepared in compliance with OCGA 9-13-80. If the lien holder does not release the lien within 60 days, you may be entitled to damages up to $500 and attorney's fees. If you still owe money on the lien,... View More

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answered on May 9, 2023

That will be a Future Interests Deed, which requires a very competent GA attorney to draft an enforceable conveyance. It could also be accomplished through a Trust with Future Interest terms. It will be important to declare who will take the property if the conditions are breached. You will... View More

Your question is not clear as to the type of auction involved. There is no right of redemption after a foreclosure sale in Georgia. If this was a tax sale, redemption can occur until such time as the tax sale purchaser forecloses the right to redeem, which cannot occur until one year after the... View More

If you are both on the deed, then you each own a one-half undivided interest in the whole property. You could only sell your one-half interest, which very few people would want to buy. If your wife doesn't agree to sell, you could force the sale through a partition action. To answer the first... View More

An elder attorney can help you. The first question I would ask is what are you trying to accomplish with a power of attorney?

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answered on May 3, 2023

That would be illegal. https://www.dca.ga.gov/sites/default/files/2-15-21_handbook_final_draft.docx#:~:text=NOTE%3A%20During%20an%20eviction%20case,unit%20as%20the%20lease%20describes.

If the husband died without a will, the wife would need to file for administration of the deceased husband's estate. If there are children from the marriage or if the husband had children from a previous marriage, the wife would share in the inheritance of the land with the children. Any... View More

Yes. The only exception is if an employee of the bank, not an independent contractor who is a notary that comes to your house, explains the documents and notarizes them in your presence. Closings in Georgia can no longer be closed by Zoom, Skype, etc. either. You can contact the Georgia Attorney... View More

The amendment to address concerns is open to acceptance by the seller unless the buyer withdraws/revokes the proposed amendment prior to the seller signing and accepting the amendment. There is no set time for acceptance of the amendment unless a specific time is listed in the body of the amendment... View More

You can file a materialman's lien to secure your $13,000.00 against the property. If this is a new construction, the property cannot be sold from the builder to the new homeowner without paying you off. If the property has already been sold or this was an existing building, you can still... View More

The simple answer is you file a lawsuit naming all of the parties - the original seller, wholesaler 1, wholesaler 2, and the real estate agent. One of the biggest issues with wholesaling is that it has severe issues with fraud. Oftentimes, there is a failure to disclose the property condition,... View More

Yes, you can sell the property, but she will have to join in the signing as her life estate as well as your remainder interests have to be transferred to the purchaser. If she is mentally unable to sign, then hopefully someone has a durable financial power of attorney for her so they can sign on... View More

This is an interesting situation. If there is no signed agreement or written communications in emails or texts that show you agreed to repay the commission that they contributed towards closing costs, then the agent is going to have a hard time proving that you agreed to repay the commission. Also,... View More

There are two main solutions you could pursue depending on the circumstances, but both involve going to court: 1) Quiet Title - this is a lawsuit that seeks to clear up a title issue, like a missing heir. This option would give them an opportunity to sign, or if they were non-responsive, transfer... View More

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answered on Mar 30, 2023

If you are actually an owner, hire an attorney to file an action for a Sale For Partition.

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answered on Mar 22, 2023

Hire a GA attorney to search both titles for an Easement. Photos of ROW use are necessary. Any witnesses to your use are relevant. Your predecessor in title may have also used the same ROW, and his testimony will be critical. Neighbors' Statements Against Their Own Interests can be... View More

I'm sorry to hear about your situation. If your sister's husband's name is on the title to your mother's house, it is possible that he may have a legal right to the property.

However, it is important to note that just because your sister's husband's name is on... View More

If the partners do not agree, the partner who wants to sell can only sell their one-half undivided interest in the whole property, which typically no one wants to buy. If the parties cannot agree to sell the property, one partner may petition the court for a partition action, which would force the... View More

Legally, if you could not come to an agreement regarding buying out her ownership interest in the property, you would need to seek a partition, which would split the property. If the property could not be split equitably, the court would order a sale of the property. If you want to avoid that, you... View More