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1 Answer | Asked in Tax Law and Probate for Georgia on
Q: I received pension as a survivor benefit from my father, federal tax was taken out. Is that refunded at tax time?
James L. Arrasmith
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answered on Oct 11, 2024

When you receive a survivor benefit with federal tax withheld, you might be eligible for a refund when you file your tax return. Whether you get a refund depends on your total income and the amount of taxes you owe for the year.

When you file your taxes, the federal taxes that were withheld...
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1 Answer | Asked in Estate Planning and Legal Malpractice for Georgia on
Q: Is it a conflict of interest for an attorney that has been fired from an estate account to advise and assist w/next pr?

I hired my father's attny to advise me during my father's probate of his estate. The attorney ultimately held my dad's 401 k check for ransom basically, causing me to bounce checks to bounce checks that were written on the estate account so I fired him. He then had me removed as the... View More

Anthony M. Avery
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answered on Oct 11, 2024

There may be a conflict of interest for the attorney if he actually represented you, then represented someone else against you. But he may claim he represents the Estate. You should have brought this up when he moved to remove you as PR. The State Bar might be interested.

1 Answer | Asked in Probate for Georgia on
Q: Should I agree to grant all powers to my brother who we have chosen as the administrator of my mothers intestate estate?

My mother died intestate leaving only a car and saving/bonds/stocks/IRA's worth a large sum of money. The 4 children have all agreed that one brother can act as an administrator. Should I consent to grant all powers to him like his attorney suggests? Waiver of bonding, waive reports to the... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Oct 11, 2024

Where you live is immaterial. Where the estate is being opened is what matters as that state's laws will govern the administration of the estate. Whether you should consent to granting powers, excusing reporting and not requiring a bond all comes down to trust. Is your brother going to do the... View More

1 Answer | Asked in Uncategorized for Georgia on
Q: My ex landlord agreed to look after one of my dogs my largest dog actually my rescue John Wayne while I was in process o

Moving , his gf came by with her dogs one f one m her male and my male supposedly tie up thy break up fight she supposedly gets bit by my dog on arm n leg how can u tell who bit whom in a house in middle of night with no power because no power to property due to fire damages so three days later his... View More

James L. Arrasmith
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answered on Oct 11, 2024

It sounds like you're dealing with a really difficult and complex situation. When it comes to figuring out who bit whom, it’s challenging to determine without proper evidence, especially since it happened in the dark with multiple dogs involved. If the bite wound wasn’t examined by a vet... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: Can a judge set a bond at $50,000 for two misdemeanor charges in Georgia?
Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Oct 16, 2024

In Georgia, a judge is required to set a bond on misdemeanor charges (with very few exceptions). Occasionally, higher bonds are issued in misdemeanor cases where a client has a lengthy criminal history- especially if he or she has open cases. Without knowing the specific details of this... View More

1 Answer | Asked in Uncategorized for Georgia on
Q: How can I get a court to approve DNA testing that can reverse a murder case?
James L. Arrasmith
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answered on Oct 10, 2024

If you believe DNA testing could change the outcome of a murder case, start by consulting with a knowledgeable attorney. They can help you understand the legal requirements and determine the best approach to present your request to the court.

Gather all relevant evidence that supports the...
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1 Answer | Asked in Immigration Law for Georgia on
Q: N-600 interview documents

N-600 interview, can I bring my parent's photocopy certificate of naturalization instead of the original because she doesn't want to provide her certificate. She only sent me a picture of it

James L. Arrasmith
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answered on Oct 10, 2024

For your N-600 interview, it's important to bring original documents or certified copies. USCIS typically requires these to verify the authenticity of the certificate of naturalization. A photocopy or a photo of the certificate may not be accepted and could delay your application process.... View More

1 Answer | Asked in Real Estate Law, Construction Law and Business Law for Georgia on
Q: I'm seeking help to place a lien on a property with an unpaid balance of $37,310

I'm a vendor for a painting company that handles interior painting for apartments when tenants move out. We have an outstanding balance of $37,310 with a property located at 370 Northside Dr NW, Atlanta, GA 30318.

We’ve tried reaching out through emails and visits, and all our... View More

Anthony M. Avery
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answered on Oct 10, 2024

Hire a competent GA attorney to draft and record a Materialman's Lien against the property. You also may consider suing the entity you contracted with for the debt owing. Hopefully the actual owner contracted with you. It is doubtful you will be made whole due to the expenses involved in... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: How do I get discovery

My motorcyle was stolen and involved in a police chase where the guy wrecked but got away on foot. 2 weeks later I was arrested for the crime and charged with 13 different charges including avaiding and eluding

Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Oct 16, 2024

As a Defendant, you have a right to discovery. Your public defender, private attorney, or even you (if representing yourself) can receive discovery through a written motion for discovery. There are timelines for when discovery must be provided and the DA is not required to turn over... View More

2 Answers | Asked in Personal Injury for Georgia on
Q: What does victims related offense mean on a incident report mean

Someone was shot it says victim related offense on the incident form

James Clifton
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James Clifton
answered on Oct 10, 2024

The term "victim-related offense" on an incident report typically refers to the criminal offense that directly affected the victim in the case. It identifies the nature of the crime that resulted in harm or injury to the victim. This could include serious charges like aggravated assault,... View More

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2 Answers | Asked in Estate Planning for Georgia on
Q: In Georgia, when a person dies, who has a lifetime estate, when can the new owner enter the property?

The?

Property includes a house, 2 rental trailers, and a small shop on five acres. The widow who has a lifetime estate has a son not included in the estate that lives in one of the trailers.

James Clifton
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James Clifton
answered on Oct 10, 2024

The new owner, those who are listed as the individuals who take ownership at the time of death of the life tenant, can enter immediately upon the death of the life tenant. These individuals are known as remaindermen in legal terminology. If there is a tenant or occupant of the property that was... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for Georgia on
Q: What do I do when my constitutional right to due process is violated

As a mental health patient, by law before treatment a risk and needs assessment is required, but it was bypassed and I was sent to along term treatment facility. And In the process of being there, my life and liberty was infringed upon causing mental and emotional distress. What can I do?

James L. Arrasmith
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answered on Oct 9, 2024

I'm sorry you're experiencing this situation. First, gather all your medical records and any documentation related to your treatment and admission. This information will be crucial when discussing your case with someone who can help.

Next, reach out to a lawyer who has experience...
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2 Answers | Asked in Immigration Law for Georgia on
Q: What requirements can I provide to apply for N-600 without my parent's certificate?

Hi, I am 25 years old. I am a daughter of a US citizen mother through naturalization. I was born outside the United States. My mother brought me here when I was 15 years old and got my green card. Now that I am 25 years old, married to a military member, and have a 2-year-old son, I live far away... View More

Kevin L Dixler
Kevin L Dixler
answered on Oct 9, 2024

You will likely need the information from her certificate. Can she photocopy it for you? If not, then you can have trouble proving that you are a derivative citizen. Once she is gone, if the certificate is lost, you have little to no proof that you derived citizenship. Also, you may remain... View More

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2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Civil Rights for Georgia on
Q: How can a person petition the judge to erase and/or lower bond. No record, no income, homeless, mentally ill.

Person was wrongfully arrested. Officers did not do Justice by making an arrest. Person was experiencing a mental crisis, officers offered no assistance helping with that fact, even after the family pleaded to allow them to go back to the mental health facility or another family members home.... View More

Robbie Levin
Robbie Levin
answered on Oct 8, 2024

You can file a Motion for Bond Modification. I would suggest hiring a criminal defense attorney to help you fo this.

www.LevinLawyerGa.com

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2 Answers | Asked in Contracts and Real Estate Law for Georgia on
Q: How do I get the title of my home from the seller.

I entered into a lease to purchase agreement with my landlord. Once the contract and purchase were completed they refused to produce title to my home. It has been 5 years and they haven't produced the title. I now have a case pending in court, to be heard by the judge on October 24. What are... View More

Anthony M. Avery
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answered on Oct 8, 2024

Hopefully you have a GA attorney representing you. You will not be able to try this yourself. Proof of the contract, all payments, no tenant defaults and the landlord's default , will all have to be proven in Court. If you win, you will need to draft an Order and probably a Deed.... View More

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1 Answer | Asked in Traffic Tickets for Georgia on
Q: Is my wife at fault?

My wife got T bones by a car not paying attention, she was driving through the light and a truck cut her off at the intersection causing her to be stuck so when the in coming traffic came the driver was not paying attention and hit her

Tim Akpinar
Tim Akpinar
answered on Oct 25, 2024

A Georgia attorney could advise best, but your question remains open for over two weeks. This may be more of a "Car Accident" question than a traffic ticket question. At any rate, she is not liable if she had no reason to anticipate the truck's maneuver. She also has the strong... View More

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: If my child’s father cut off all contact and visits with my child but brought a gun into my home can he gain visitation?

Father hasn’t visited since child was a month old nor has provided any financial help but brought a gun in my home & my only proof is my family but wants to get rights

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 17, 2024

The father can pursue parental rights in the courts should he choose to do so. And if that happens you will have your opportunity to admit or deny any of the allegations in his petition and let the court know whether you agree with him obtaining those rights or not. Then it will be up to the... View More

1 Answer | Asked in DUI / DWI for Georgia on
Q: My lawyer hasn't contacted me in a year and now I have court tomm..Should I fire him?

Court appointed attorney hasn't communicated with me at all..nothing in a year.

I got a messagefrom the courts I have court tomm and still haven't heard from him.

Robbie Levin
Robbie Levin
answered on Oct 6, 2024

I suggest you call your lawyer. If it’s an arraignment, your lawyer may have filed a waiver, and you might not need to appear in court. The clerk could probably also tell you if a waiver has been filed.

Otherwise, you need to appear in court. Hopefully your lawyer will be there, and...
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1 Answer | Asked in Adoption, Child Custody and Family Law for Georgia on
Q: My grandson is in DFCS custody. When I called to find out what I needed to do to get guardianship,

They tell me that because I had a history with the department. I wasn't able to get him. Also my daughter refuses to allow me to do kinship, she is convinced i made the reports against her, which is false.

Nevertheless i did have multiple cases which eventually led to me loosing them... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 17, 2024

This same website allows you to search for attorneys in a specific area and in areas of practice. This is a place to have questions answered. If you need an attorney you should use this site to locate one.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Georgia on
Q: 726 S.E.2d 625 (2012) 315 Ga. App. 101 HERRINGTON v. The STATE. Need help explaining this case very similar to mines

The above case is similar to mines jeopardy attached to my case just like in Herrington's case during my first trial I had a mistrial the state investigator got on the stand and the judge declared a mistrial similar to herrington's.on retrial the state added charges as well like... View More

James L. Arrasmith
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answered on Oct 9, 2024

In your situation, the principle of double jeopardy is central. Once jeopardy attaches during your first trial, the government is limited in how it can proceed if a mistrial occurs. When the state investigator testified and the judge declared a mistrial, jeopardy attached, preventing the state from... View More

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