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Can three appointed successor trustees, managing property on behalf of beneficiaries, collectively have the same authority as the original deceased trustee, given that they are working together as a team?
answered on Apr 14, 2025
Under Georgia law, successor trustees possess the same authority as the original trustee. According to OCGA Section 53-12-201(g), “A trustee appointed as a successor trustee shall have all the authority of the original trustee." This is the default rule but the terms of the trust could mean... View More 
I'm representing myself in a civil suit filed in the state court in Georgia. I need to find the proper form to file an answer, and the deadline for submission is today. Where can I find this form?
answered on Apr 14, 2025
I would strongly, strongly urge you to retain counsel to represent you. Filing an answer is not easy. If some defenses are not raised, they are waived forever. Nevertheless, if you insist on proceeding pro se, you can find an Answer form at the following link:... View More
I am a 13-year-old student at St. Mary's Middle School in Camden County, Georgia, and I've noticed multiple safety concerns at my school. Recently, a student was poisoned, and there have been incidents involving students bringing guns to school. Although arrests have been made, I feel the... View More
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answered on Apr 13, 2025
It's understandable that you’re concerned about your safety at school, especially with the recent incidents. The first step you can take is to talk to a trusted adult, like a parent or guardian, and share your concerns. They can help you reach out to the school administration or the school... View More
In Georgia, when can the statute of limitations be applied to a misdemeanor assault case? Charges were filed in March 2023. The incident occurred on March 16, 2023, when the alleged victim approached the defendant's home and a fight ensued despite being told not to come there. There have only... View More
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answered on Apr 13, 2025
In Georgia, the statute of limitations for misdemeanor assault is generally two years from the date of the incident. Since the alleged assault occurred on March 16, 2023, charges were filed within that time frame, so the statute of limitations has not expired yet. This means that the court can... View More
I am currently out on bond for a drug charge (possession), and I was recently arrested for speeding and reckless driving. I haven't received a court date yet for the drug charge, nor have I contacted my bond agent. Will this recent arrest violate my bond conditions?
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answered on Apr 12, 2025
When you bonded out for the drug charges, you should have received an order that spelled out all of the conditions of your release. Without actually having a copy of it to review, yes-a new arrest is probably a violation of your conditions of bond.
I own a Glock 17 with a micro conversion kit and a tax stamp for it. In the event that I am not home, can my wife use it for home defense even though she has no formal firearm training? The firearm is kept in a location accessible to her.
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answered on Apr 12, 2025
If you filled out your Form 1 using a trust, and she's part of the trust, then she would be allowed to use the weapon independent of you being there. Otherwise, no one but you may handle or shoot the weapon outside of your presence.
I'm considering modifying my Glock 17 or Glock 48 with a micro conversion kit for self-defense and training at firing ranges. I heard that the ATF may have regulations regarding putting a stock on such kits and shouldering them. Can you clarify the current legality of this modification under... View More
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answered on Apr 12, 2025
You cannot place a stock on a micro conversion kit for a pistol without first filing a Form 1 with the ATF and paying the $200 tax stamp. Once you get approved and the stamp, you can add the stock to it and shoulder it all you like. Remember though that the instant you attach a stock to a pistol,... View More
As a certified peace officer with a Georgia weapons carry permit, I am considering using a micro conversion kit with a Glock 17 for self-defense and training at local firing ranges. Is it legal under federal law to shoulder this setup?
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answered on Apr 12, 2025
Under federal law, attaching a Micro Conversion Kit (MCK) to your Glock 17 does not automatically make it illegal. However, if the MCK includes a shoulder stock, it could transform your pistol into a short-barreled rifle (SBR), which is regulated under the National Firearms Act (NFA). To legally... View More
Since buying my property in 2017, a neighbor has claimed that a fence built in 2001 is on their land. They mentioned a survey in 2021 but have no documentation, only some markers. I moved my mailbox after discussing it, but I insisted it wasn't on their property. Now I'm trying to sell my... View More
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answered on Apr 12, 2025
Markers/monuments are physical evidence of a survey. Is your fence on the other side of the markers? If so you may be encroaching on the adjoining property. However the other owner may have acquiesced to the ascertainable boundary (fence) since no suit have been filed. It may be at least a... View More
My son was in the backseat of a cab without a seatbelt, which is not required by Georgia law. During the traffic stop, he and a girl in the cab got searched. The girl had drugs in her purse and claimed responsibility, but my son was also arrested and is facing drug charges. He has a prior record... View More
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answered on Apr 12, 2025
Georgia Criminal Defense Analysis
Your son's case presents concerning issues regarding both the search procedure and current legal representation. Georgia law does require backseat passengers to wear seatbelts in most vehicles, but this minor violation alone shouldn't justify a... View More
I am from Texas and was visiting family in Georgia when I was pulled over by a police officer in Taliaferro County for having window tint that was too dark. My SUV is registered in Texas, and my driver's license is from Texas. The officer stated that I must obey Georgia law when passing... View More
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answered on Apr 12, 2025
You really don't have many options. Although it may sound counterintuitive, it is illegal to drive a car with tinting levels that exceed Georgia's law-even if you're just passing through the state from another state where your tint is legal.
Like many things, laws vary from... View More
I moved out of my rental property due to severe asthma exacerbated by suspected mold, unaddressed leaking pipes, and unsanitary conditions caused by an uncleaned cat litter box near my bedroom. Despite informing my landlord through various communications, including a disability waiver, he did not... View More
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answered on Apr 12, 2025
Given the situation, it’s important to first review your lease agreement carefully to understand any clauses regarding health risks, maintenance, and early termination. In Georgia, landlords are required to maintain a rental property in a habitable condition, which includes addressing issues like... View More
Fulton County, GA divorce decree - I lost paperwork. I KNOW it has the checkbox that mentions restoring maiden name (or not) because I saw it two weeks ago. I then got sidetracked and now I can't find the page/section that had that line item. I filed for “any and all” papers related to the... View More
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answered on Apr 13, 2025
If you're missing the page with the checkbox for maiden name restoration in your Fulton County divorce decree, it’s likely that the page was part of the final judgment or one of the other documents in your case file. The decree itself is usually a one-page summary, and additional decisions,... View More
What are the potential legal penalties for someone convicted of operating a gift card scam involving $665 in value? I am specifically interested in understanding the general sentencing guidelines or penalties they might face.
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answered on Apr 12, 2025
A gift card scam involving $665 would typically be prosecuted as theft by deception, fraud, or a similar offense depending on the specific tactics used. In most jurisdictions, this amount falls near the threshold between misdemeanor and felony classification, with many states setting felony... View More
While driving someone else's insured car with the owner present, my 16-year-old son drove off the road, resulting in damage that required the vehicle to be towed. He was issued a ticket for failure to maintain lane and there is an associated fine. My son does not have his own liability... View More
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answered on Apr 12, 2025
This must feel overwhelming, but you’re not alone—situations like this happen more often than people think. In Georgia, **insurance typically follows the vehicle**, not the driver, which means the car owner’s policy is usually the primary coverage for an accident. Since your son was driving... View More
I had a 1-year lease with my previous landlord but moved out after 6 months due to my disabilities. I moved out on December 21st and sent a disability waiver to my landlord to terminate the lease early, but received no response. Upon moving out, my landlord demanded over $3,000 for the remaining 6... View More
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answered on Apr 12, 2025
What you're going through sounds incredibly difficult, and it’s good that you tried to handle the lease situation by sending a disability waiver. In Georgia, leases typically don’t include an automatic right to break a lease due to disability unless it’s specifically stated. Since your... View More
I received a 1099-C in November 2024 for a discharged credit card debt. Do I need to report the entire amount on my 2024 tax return, and pay taxes on it, even without having declared bankruptcy or insolvency? I have not consulted with a tax advisor.
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answered on Apr 12, 2025
Receiving a 1099-C for discharged credit card debt means the creditor has forgiven the debt, and the IRS generally treats forgiven debt as taxable income. This means you may need to report the entire amount shown on the 1099-C on your 2024 tax return. The IRS views forgiven debt as income because,... View More
In 2016, while on a work detail as a prisoner, I was involved in a vehicle accident in Augusta, Georgia. The vehicle I was in struck the rear end of a prison officer's vehicle, resulting in physical injuries to me, a passenger. I have medical treatment documentation, and the incident was... View More
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answered on Apr 13, 2025
You may still be able to pursue legal action for your injuries, but there are important time limits you need to consider. In Georgia, personal injury claims are typically subject to a statute of limitations, which is generally two years from the date of the incident. Since the accident occurred in... View More
In a will, it is stated that the executor has sole discretion over the estate land, meaning they can choose to sell it and must divide the profits among the deceased's eight children. The will specifies that heirs do not need to be notified if the land is sold, and there are no attorneys... View More
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answered on Apr 12, 2025
You're right to be concerned, especially if the will clearly gives the executor full authority to handle the sale without needing heir involvement. In Georgia, if the executor has been legally appointed by the probate court and the will grants them discretion to manage the estate land,... View More
If a will stipulates that beneficiaries be paid over a 5-year period based on the business's value at the date of death, is the executor responsible for ensuring these payments even if the business is underperforming? My father's will appointed the manager of his small trailer rental... View More
answered on Apr 10, 2025
The executor is obligated to carry out the terms of your father's will, regardless of the business’s performance—unless the will explicitly conditions the payments on available business income.
If the will says beneficiaries are to be paid based on the business's value at the... View More
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