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Georgia Questions & Answers
2 Answers | Asked in Real Estate Law for Georgia on
Q: Can joint tenant w right of survivorship sell their share to 3rd party?

I co-own a house with former partner who stayed in the house after breaking up and is also the only one on the mortgage. Can I sell my half ownership to a third party? Should I get a lawyer if I want to file suit for petition to sell? Can I enter the property at any time and stay/use it as I please?

James Clifton
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James Clifton
answered on Sep 20, 2024

If you can find someone who would be interested in buying your half only, you can absolutely sell to them without restriction. However, it is difficult finding someone who will accept partial ownership of property.

You will definitely need a lawyer for a partition action to force the sale...
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1 Answer | Asked in Civil Rights and Constitutional Law for Georgia on
Q: Can an inmate bring charge again correction officer for tell inmate he is gay?

Then two inmate jumped on him because he wouldn't sleep with them.

James L. Arrasmith
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answered on Sep 20, 2024

Yes, an inmate can bring a charge against a correctional officer if the officer's actions, such as outing the inmate as gay, led to harm or placed the inmate in danger. In this case, the officer may have violated the inmate’s rights by exposing personal information that resulted in violence... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: What are the requirements or duties or obligation when the fee of defense attorney has been paid in full to his client?

Is it right for an attorney to call client Sunday night and say court at 9am tomorrow Monday?

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

Yes, while a lawyer should give their client as much notice as possible regarding court appearances, it is not the lawyer's responsibility to put the client on notice about Court in criminal cases. The Court issues notices via mail or in Court. The client signs notice for their new Court... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Georgia on
Q: Would a dwi with a non-injury hit and run be put on my record as a felony or misdemeanor. This happened in 1984.

I live in Georgia and the offense was in Louisiana. Otherwise my record is clean except for a few traffic tickets in the mid 90’s

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

You need this answered by a Louisiana barred attorney because they would know the affect of a conviction from that state. If this were a Georgia DUI/DWI, unfortunately it would still be on your record. Georgia is very strict in the ability to restrict convictions, however, Louisiana may not be.

2 Answers | Asked in Insurance Bad Faith for Georgia on
Q: After a traffic incident in Marietta GA where I was hit by the other party, my insurance company - State Farm - accepted

After a traffic incident in Marietta GA where I was hit by the other party, my insurance company - State Farm - accepted liability after they were threatened by the other party's attorney. I have been constantly communicating with State Farm during the past 5 months telling them to NOT accept... View More

Tim Akpinar
Tim Akpinar
answered on Sep 25, 2024

A Georgia attorney could advise best, but your question remains open for a week. State Farm is not generally threatened by lawsuits. They're not afraid of attorneys. This does not appear to be a bad faith matter, the category in which it is posted. Many insurance companies have language... View More

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1 Answer | Asked in Family Law for Georgia on
Q: Legal assistance to allow us as grandparents to see and visit our granddaughter?

Our ex son in law is not allowing us as grandparents to visit, see, or have our gra daughter with us.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 22, 2024

You should speak directly with an attorney to discuss any rights you may have as grandparents. An attorney can review the law with you regarding grandparents rights and see under the statute what your rights may be. They can then advise you as to how to move forward in the courts to assert those... View More

1 Answer | Asked in Uncategorized for Georgia on
Q: O.C.G.A 42-1-12 e, f, n (can failure to register employment take precedence?)
James L. Arrasmith
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answered on Sep 18, 2024

Under O.C.G.A. 42-1-12, sections (e), (f), and (n) govern various aspects of the registration requirements for those on the Georgia sex offender registry, including reporting personal information such as employment. Failure to register employment is a serious offense and can result in legal... View More

2 Answers | Asked in Child Custody and Divorce for Georgia on
Q: Can I move to Texas while divorce is active?.

I am living in FL with my 6 month year old child but have an active divorce case in GA where her father resides. When I got pregnant I was living in Texas. He and I talked about reconciling and he told me to quit my job sell my stuff & move back home to GA. 60 days I had to wait & during... View More

Regina Irene Edwards
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answered on Sep 18, 2024

You need to speak with an attorney about your specific situation as you have a case pending. Multiple moves may impact a custody case, so an attorney needs to hear all the facts before giving you advice.

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1 Answer | Asked in Uncategorized for Georgia on
Q: The property manager of my former apartment has refused to refund my security deposit. What can I do?

In September of last year, I moved into a property located in Lithonia, Atlanta, Georgia. During my stay, I fulfilled all my financial obligations, including rent and utilities. However, after some time, I began to notice questionable practices from the property management, as they charged me and... View More

James L. Arrasmith
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answered on Sep 18, 2024

You have a few options to resolve this issue. First, review your lease agreement and Georgia's security deposit laws. In Georgia, landlords are required to return the security deposit within 30 days of moving out, provided you didn’t damage the property beyond normal wear and tear. If they... View More

1 Answer | Asked in Consumer Law, Contracts, Antitrust and Collections for Georgia on
Q: Me and a guy agreed work on my car and returm i would help him work on his car now he wants 200 and want give me my car

My car is in peices not running now he's being a jerk and i dont want to work with him no more but now he has my car lock inside a bulding and want give it to me unless i give h 200 buckscan he do this to me

James L. Arrasmith
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answered on Sep 25, 2024

It sounds like you're in a difficult situation. If you had an agreement with the other person to trade services, but now they are demanding money and holding your car, it could be a breach of the original deal. It may not be legal for them to withhold your car, especially if you didn’t agree... View More

1 Answer | Asked in Uncategorized for Georgia on
Q: if I am a 17 year old in Georgia can my parents take away my computer that I bought with my own money

I bought a computer a while back and when I had gone out to a football game with friends recently they took the computer and refuse to give it back. I am 17 and still live with them. can I report this as theft?

James L. Arrasmith
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answered on Sep 14, 2024

If you're 17 and living in Georgia, your parents generally have a lot of authority over what happens in their home, including taking away a computer, even if you bought it with your own money. Legally, since you're still a minor and under their care, they have certain rights to enforce... View More

1 Answer | Asked in Uncategorized for Georgia on
Q: I’m in a process of getting a divorce. We got married and 2017 and 2019. We got a vehicle I pay $538 a month so far

Now he has hidden my car. What can I do? He hasn’t paid any car notes. I work too hard for that car and that was the only car we had in the household. I have put over $17,000 into the car. I only owe $6100 left in payments which is 11 months. What can I do?

James L. Arrasmith
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answered on Sep 14, 2024

It sounds like you’re in a difficult situation, especially since you’ve invested so much into the car. Since you’re the one making the payments, you likely have a strong claim to the vehicle. Start by gathering all the documentation related to the car—like payment records, the loan... View More

2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: If a named beneficiary in a Will is already deceased, has no spouse and no dependents where/who does the benefits go?
James Clifton
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James Clifton
answered on Sep 14, 2024

It depends on whether the bequest was given in the will per stirpes or per capita. If per stirpes, the gift flows to the lineal descendants of the beneficiary - children, grand children, great grandchildren, etc. If there are no lineal descendants, the bequest goes to the residuary beneficiary in... View More

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1 Answer | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: child’s father has moved across the country no support can I remove from birth certificate?

my child’s father moved across the country. We were never married, but he was put on the birth certificate. We have never gone to court. He would just randomly send money every once in a while, but has stopped in the past six months can I remove him from the birth certificate?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 22, 2024

I'm not sure why you would want to move the actual father from the birth certificate. If you want child support you can go through the court to obtain an order or through the state. Opening up a case with the state will be of lower cost than hiring a private attorney. Yet, a private... View More

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: My ex has visitation of our 12 and 9 year olds, he supposed to have visitation which is court ordered 1,3,5 weekends

He is now homeless and takes our children to airbnb and hotels for his weekends. Can I withhold visitation until he has a place to live?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 22, 2024

No, you cannot unilaterally decide to deny his visitation because you deem the places he is taking the children to be unsuitable. If he is taking them to rented locations, then they are in safe, probably sanitary, residences, even if they do not belong to the father. If you want to modify his... View More

1 Answer | Asked in Family Law and Civil Rights for Georgia on
Q: Can a spouse block his spouse's adult children from visiting and quiring about their mothers health while in a hospital.
James L. Arrasmith
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answered on Sep 19, 2024

In most situations, a spouse cannot legally block their spouse’s adult children from visiting or inquiring about their mother's health while in the hospital. Hospitals typically respect the rights of immediate family members to visit and seek updates on a patient's condition, especially... View More

1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: What is the process and standard procedure for waiving arraignment in Georgia?
James L. Arrasmith
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answered on Sep 16, 2024

In Georgia, waiving an arraignment means you are choosing to skip the formal court appearance where charges are read, and you enter a plea. To waive an arraignment, you generally need to submit a written waiver to the court, often with the assistance of your attorney. This waiver indicates that you... View More

1 Answer | Asked in Civil Rights for Georgia on
Q: I live in Georgia. My former employer is in New York. Can I request my personnel file be emailed to me?
James L. Arrasmith
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answered on Sep 11, 2024

Yes, you can request your personnel file to be emailed to you, but whether your former employer is legally required to comply depends on New York state law. In New York, private employers are not specifically obligated by law to provide employees access to their personnel files, unlike in some... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Georgia on
Q: I tested positive for meth and my baby did as well. Defacts says the only option I had is to give the baby up

To my adopted mom and I couldn't live with her or come see my child. I currently work as a caregiver for an elderly gentleman in exchange for a room in his house. They say I'm homeless because of that. I go to court tomorrow morning, I agreed to out patient rehab, random drug tests and... View More

James L. Arrasmith
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answered on Sep 11, 2024

In your situation, it's important to know that you have legal rights, and you should consider seeking the assistance of a legal advocate or attorney who can represent you in court. You have the right to present your case, showing your willingness to participate in outpatient rehab, take random... View More

1 Answer | Asked in Estate Planning for Georgia on
Q: If you tore your will half. Because you got mad at fighting of children. Dont want to revokeit. Can u glue it be legal.
Anthony M. Avery
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answered on Sep 11, 2024

Do not glue it back! That would be an easy contest. Hire a lawyer to draft and execute a new Will, even if it is the same as the old one.

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