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Georgia Questions & Answers
1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Georgia on
Q: aunt dies inGeorgia with a will and husband passed 10 years before her without a will. KY land never, change to her.

The property deed half ownership is still in uncles name,(intestate )50% and split with two nephews. Aunt never transferred in her name, died, who inherits Uncles half?Aunt had a will, but again never change ownership. Help please do l need to probate her 1/3 rights? Or passes to the nephews upon... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Apr 4, 2020

If your aunt died in Georgia, you will need to open an estate in Georgia. You will then need to contact a KY lawyer to help with transferring the KY land. You may have to open your uncle's estate in the county where he died as well.

2 Answers | Asked in Child Custody for Georgia on
Q: During the current pandemc, does fther have rights to come to my house demanding our child to go with him on a Saturday?

Me and my childs father are not nor ever have been married and we do not have any court order custody. Our child resides with me yearly with mostly Friday nights and Saturday days with her father. During the current pandemic, does he have rights to come to my house demanding our child to go with... Read more »

Samantha A Holloway
Samantha A Holloway answered on Apr 4, 2020

Generally, if parents were never married and do not have a custody order in place, the father has limited rights to visitation. I would suggest that you contact an attorney to discuss your specific case and get guidance on how to proceed in the future.

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1 Answer | Asked in Criminal Law for Georgia on
Q: if im on unsupervised probation,and catch traffic violation can my unsupervised get violated to supervised before court

I have been on unsupervised felony probation for some years then i got pulled over one day in a stolen van.Can my probation officer put me on supervised probation without going to court?

Ellaretha Coleman
Ellaretha Coleman answered on Apr 4, 2020

You will not typically face a probation violation for general traffic offenses.

1 Answer | Asked in Criminal Law, Real Estate Law, Civil Rights and Federal Crimes for Georgia on
Q: Can my neighbor across the hall (7 ft between our front doors) use Ring to audio record me while I'm in my unit?

She originally had her Ring camera aimed directly at my door, blatantly filming me and my bf whenever we opened our door and recorded directly into my unit. Since my initial complaint she has redirected her video down the hall, however, it is still up, against our CC&Rs (Architectural Violations)... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Apr 4, 2020

From a cursory perspective, yes your neighbor would be violating Georgia’s eavesdropping statute, however more information is needed before a definitive answer can be provided. It is best to contact an attorney who can assist you with the specifics of your circumstances.

We are glad to...
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2 Answers | Asked in Divorce for Georgia on
Q: My husbands in the air force, and after 4 years and me trying to get him to go to marriage counseling. He wants a

Divorce. We have one kid together. Its deffinately over, but should I wait and let him file or should I file first? And what exactly happens if we were to have only one lawyer for the two of us?

Ellaretha Coleman
Ellaretha Coleman answered on Apr 3, 2020

Unless your divorce is uncontested, both of you will need an attorney. For a divorce to be uncontested, you must agree on all aspects of the divorce, custody, support, and division of assets/debts. There’s no legal significance regarding who fileS first. However, the petitioner is on offense... Read more »

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1 Answer | Asked in Education Law for Georgia on
Q: My school didn't give me time to get better - can they really let me go?

My admin gave me a letter of things that I needed to work on, about 6 days before the school shut down for quarantine. I met all expectations since then, but received a call today that they are not renewing my contract. How should I proceed?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Apr 3, 2020

More information is needed before an accurate answer can be provided. It is best to contact an attorney who can assist you with the specifics of your circumstances.

We are glad to assist you. Contact us whenever you are ready.

I wish you well.

-The Upshaw Law Firm, (770)...
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1 Answer | Asked in Family Law for Georgia on
Q: im 17 with a child and wanted to know if i could move out if my parents house without their consent?

things have been getting kinda rough and my girlfriend and i want what is best for our son we are wanting to move into our own apartment not far from my parents house but we dont want me to get into any legal trouble.

Regina Irene Edwards
Regina Irene Edwards answered on Apr 3, 2020

If you and your girlfriend are minors, you need to wait until 18 to move out.

1 Answer | Asked in Tax Law for Georgia on
Q: my husband owes back child support. If we file taxes jointly,will irs take our stimulus check? Or just his part?

Will the irs take all of our stimulus check for back time child support if we file jointly?

Homer P Jordan IV
Homer P Jordan IV answered on Apr 3, 2020

It has been in the news that if someone owes back child support they will not be able to receive the stimulus payment. I’m not sure how that is going to play out at that time. Filing jointly won’t likely impact it either way. Plus, the new tax date has been pushed back to July. -Homer P. Jordan... Read more »

1 Answer | Asked in Immigration Law for Georgia on
Q: Is getting unemployment checks for 2 months disqualify a petitioner for filing AOS or have bad effects on case.

My wife filed petition for her parents and now we are working on affidavit of support but she is out of work because of coronavirus and she will be getting unemployment checks up until her daycare reopen so my question is would it disqualify her for filing affidavit of support because of getting... Read more »

Robert Roy Klein
Robert Roy Klein answered on Apr 3, 2020

I recommend holding off on filing the affidavit until after the daycare reopens.

1 Answer | Asked in Education Law for Georgia on
Q: Can I reopen a tribunal case?

I lost the case in 2017 and was expelled from high school. I was unable to hire a lawyer at the time.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Apr 3, 2020

Unfortunately no, you cannot reopen then tribunal. You would have had 30 days from the tribunal’s decision to appeal that decision. However, it may be best to contact an attorney who can assist you with the specifics of your circumstances.

We are glad to assist you. Contact us whenever...
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3 Answers | Asked in Child Support and Family Law for Georgia on
Q: I got a letter saying "Your case has been closed for current support" and "Your case has been closed".

The letter comes from Georgia Dept of Human Services. There are other check boxes about if you are in the arrears, which I am not and have never been, and they are not checked. The only ones checked are the ones noted above. I have paid child support for years before it was ever a court order.... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Apr 2, 2020

If there is an order to pay child support, just because a case is closed with child support services does not mean that the order has been revoked. You most likely still need to pay. However, to get the best advice, you need to contact a family law attorney who can review all of your paperwork and... Read more »

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3 Answers | Asked in Estate Planning for Georgia on
Q: Can you use small estate affidavit after filing for letters of administration of estate in GA
Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Apr 2, 2020

This question should be posted to the probate area of law. That said, there is no small estate affidavit in Georgia. If you have been granted Letters of Administration, you should be able to transfer all assets with your Letters.

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1 Answer | Asked in Family Law for Georgia on
Q: I have a 16 year old runaway granddaughter that I have permanent custody. This is the 6th time. I told her the last tm

if she ran away again, she'd have to find somewhere else to live. What is my legal responsibility - she can't come home now also due to exposure to the virus. I've reported her to the police each runaway except this one. Should I make a report (even though it does no good)?

Homer P Jordan IV
Homer P Jordan IV answered on Apr 2, 2020

I’m sorry to hear you have been going through this. If you are her legal guardian you won’t be able to simply turn her away. You should call child protective services to share the situation with them and seek their guidance on how to handle the situation. -Homer P. Jordan IV, Esq. 404-620-1558

2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: So I live in a very toxic household because of my father. Could my sister become my legal guardian if my mom agrees to

it, in court. I know living situations can be bad for everyone but it has caused me to almost attempt suicide at least 10 times in the past year. And when I ask if I can see a therapist or get help he tells me I'm wrong and I don't need it. He calls me names and belittlea my existence as a whole.... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Apr 2, 2020

Your mom may be able to give guardianship to your sister, however, there may be several factors that would prevent that if your dad does not agree. If you are being abused, physically or emotionally, there is help. I would suggest contacting the Georgia Child Abuse Hotline at 1-855-GACHILD /... Read more »

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1 Answer | Asked in Child Custody for Georgia on
Q: What should I do with a 16 yr old 6 time runaway? What is my liability if she breaks the law?
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Apr 1, 2020

You can always contact the juvenile court in your county and report her. More information is needed before an accurate answer can be provided about your liability. It may be best to contact an attorney who can assist you.

We are glad to assist you. Contact us whenever you are ready....
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1 Answer | Asked in Personal Injury for Georgia on
Q: Six months ago I was shocked in my ear by a blu phone I’m having issues now with my head
Tim Akpinar
Tim Akpinar answered on Apr 1, 2020

A Georgia attorney would be able to advise best, but you await a response for two weeks. There wasn't a question here, but if you are wondering if you would have rights arising out of the incident, it sounds like it would be a difficult case. Considerable time has elapsed since the event that... Read more »

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Old apartment complex states I didn't give 60 day notice so I owe additional money.

- In July, I applied for an apartment for 6 month lease + emailed manager explicitly stating I'll sign from August - Feb 15th, but move out early Feb 1st to a different state and lose half month rent. Signed electronic lease

- January 10th comes and I email asking about what to do when I... Read more »

Paula J. Mcgill
Paula J. Mcgill answered on Mar 31, 2020

I assume the rental was going n Georgia.

Look at your lease in the "notice" section. It states the type of notices that are acceptable. If e-mails to the person who you sent the notice is in that section, you shouldn't owe anything.

1 Answer | Asked in Criminal Law for Georgia on
Q: Probation Violation!

I have a warrant out for my arrest for probation violation. “Failure to comply, I forgot to email her to report & haven’t done community service due to covid-19! I’m wondering if there’s a way that I can get out of not doing jail time!

Ellaretha Coleman
Ellaretha Coleman answered on Mar 31, 2020

You need to contact an attorney immediately. Our office can help. If you’re picked up now, there’s no guarantees of a courtdate but an attorney may be able to have the warrant set aside based on the circumstances.

ejoneslaw.com

(404) 525-3080

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Who is the owner of a bank account of an intestate person that has added the daughter to sign checks?
Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Mar 31, 2020

As your question is worded, it is the estate. As is probably the case, it is the daughter. Most banks add the new signer on as an account owner. Therefore, if she is an account owner, the money is hers. If however, the bank truly added her as having signatory power, but not ownership, then the... Read more »

1 Answer | Asked in Family Law and Child Support for Georgia on
Q: Can my ex-wife file & receive back child support for our 2 daughters for the 12 years I was incarceeated?

I was incarcerated in 2006 when our daughters were 5 and 3. I got out in 2018. Have been providing support as much as I can but not regularly as I don't make much and am an hourly employee so my pay fluctuates. Our daughters are 18 (graduating in May 2020) and 16 now and my ex-wife is threatening... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Mar 31, 2020

She can file for child support to get payments from now and going forward, but not for the past. Since your one daughter is graduating in May you wouldn’t have to pay child support on that one after that point. The other daughter is 16, so she could file to get child support for the next two... Read more »

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