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My brother passed away without leaving a will, and I have been paying the property taxes on his land for three years. My name was added as "Co" on the tax information, and now the tax bill is sent to my address, showing his name followed by "Co" and my name. I have not taken any... View More 
answered on Mar 11, 2025
In order to legally transfer the title to the land, you will need to petition his estate to Probate in the county where he lived. Once his estate is approved, you can as the executor to the estate, transfer the title of the land via quitclaim deed.
I purchased a car four days ago, and I still owe $293 on it. The car recently stopped working due to a transmission issue. I bought the car "as is" after the dealer assured me verbally that there was nothing wrong with it. When I contacted the dealer, they refused a refund but offered to... View More
answered on Mar 11, 2025
A vehicle bought on an "as-is" basis will typically be very difficult to enforce any type of recourse as to a defect. That said, if you can prove that the dealer misrepresented the condition of the vehicle and nothing being wrong with it, then you could bring an action against the... View More
My son, who was 100% disabled from the Air Force, recently passed away. He was not married and had no children. His assets include money from selling a house he inherited and two paid-off cars, totaling about $150,000. I'm his next of kin, and my family has agreed on how to divide the assets.... View More
answered on Mar 11, 2025
Probate in this instance may not be necessary, as bank accounts, either jointly owned or with POD status, pass outside of probate, and it is possible to transfer title of vehicles to immediate family members via affidavit. It may be worth working with an attorney on this process nonetheless, but... View More
I want to create and sell a custom ball-shaped product similar to a "magic 8 ball," with a different color, my own logo, and 20 unique answers. I know Mattel owns the patent and the traditional answers might be copyrighted. Are there any legal issues I should be aware of before... View More
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answered on Mar 10, 2025
Based on my limited review, the patent family for Mattel's "Magic 8 Ball" patents appears to be either abandoned or expired. You can reference this here: https://patentcenter.uspto.gov/applications/10139148/continuity?application=. For patents that are abandoned or expired, there... View More
I am being sued for breach of contract by a contractor, but there was no written contract, and the contractor is not licensed in Georgia. The dispute involves remodeling work for a property I own. I paid the contractor $125,000 based on a verbal agreement about the scope of work, which took place... View More
answered on Mar 10, 2025
The immediate answer to your question is to file an answer to preserve your legal defenses and avoid a default judgment. If you were served with the complaint, you are required to file an answer within 30 days, or the opposing party can file for a default judgment against you. There are limited... View More
I need advice regarding a will that dictates the inheritance of an estate. An uncle has borrowed money against the property and leased it out. The will is clear about who should inherit the estate, and I have copies of it. Discussions have taken place, but the uncle refuses to sign over the estate.... View More
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answered on Mar 9, 2025
Was the will filed for probate? If not it means nothing. If probated, the executor's duty is to marshal up assets and make sure the devise is executed in possession of the devisee. Executor and/or devisee can file for unlawful detainer and quiet title. Also Devisee can file an ejectment... View More
I was involved in a car accident where I T-boned a truck that made a U-turn in front of me. I was driving at approximately 52 mph. The police report indicates that the other party was at fault. My car was totaled, and I've suffered a lot of soft tissue damage, accumulating $6,400 in medical... View More
answered on Mar 6, 2025
Your question would be best directed towards your attorney since he/she knows the particular facts of your case best. Nevertheless, in an effort to provide you a response, I will answer your question the best I can.
For starters, insurance companies are not the named defendant in a... View More
I am trying to file a civil claim related to an assault by a coworker in Fulton County, GA, with the intention of pressing charges. A police report has already been filed, and I know the coworker's full name and place of employment, but I do not have their date of birth or address. How can I... View More
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answered on Mar 6, 2025
You need to go down to the Fulton County courthouse and fill out a "Warrant Application Form." The fee is $20. The office is file the form is located in the Carnes Building, 160 Pryor Street, Room J150. You have to fill out the form, then go next door to the accounting office in the... View More
I am involved in a criminal case where the judge, who has continued the case for three years with no end in sight, is friends with the opposing side. We have pictures of them together at a Braves game. Formal motions for recusal have been filed, and there is a hearing scheduled for tomorrow. How... View More
answered on Mar 3, 2025
Judges are to ensure fairness and stay away from the appearance of impropriety. If you are the defendant and you feel like the Judge's behavior has been unfairly prejudicial, you are right to raise the concern. However, most lawyers and judges know each other and often know each other very... View More
I would like to know how to remove my domestic partner from the deed of my home in Georgia. The mortgage is solely in my name, and I have made all the payments. We have been on the deed together for 6 years, there isn't a legal agreement regarding the property, and we are now breaking up. My... View More
answered on Mar 3, 2025
Unfortunately, you cannot remove someone from a deed without their consent unless there is a written agreement to the contrary. The co-owner also has the right to occupy the property, so you cannot legally remove them either. If you want to keep the property, you will need to buy out your partner.... View More
Knew It was over between us. But after the incident, he has not reach out to our son or helped in any kind of way. It’s been 4 months now. He’s been completely absent. And his lawyer and him seem to be doing everything they can to prolong the court hearing. Can I ask for this to be dismissed... View More
answered on Mar 3, 2025
You can ask for anything but that doesn't mean you're going to get it. The case is unlikely to get dismissed and if the father has an attorney you should have one too. His motives for filing for legitimation don't matter. He has a right to legitimize and in that action, he can ask... View More
In February 2023, I became the custodial parent of my 16-year-old daughter and initiated a child support order against her mother. Although I attempted to serve the mother, she was never successfully served. Can I still pursue back child support, and what steps should I take to address the lack of... View More
answered on Mar 3, 2025
The state of Georgia does not award retroactive child support. When you do obtain a child support order, it will be from the date the order was signed going forward. It will not address child support prior to the date of the order. But it seems like your focus should be on having the... View More
answered on Mar 3, 2025
Hire an attorney who represents parents in these types of cases so they can petition the court for the return of your child or children. You may have to agree to random drug testing but that shouldn't be an issue if you want to get your children back. But I would move quickly so your kids... View More
I am concerned about my 14th Amendment rights after my daughter was taken by DEFACS in December 2023 while I was in the hospital and my separated husband was arrested for drug possession. Although I have no criminal record, I haven't had an adversary hearing. I have been compliant with... View More
answered on Mar 3, 2025
I would get another attorney before it's too late. Prior to your parental rights being terminated you should seek alternative counsel and ask for a continuance if necessary, so your new attorney can familiarize themselves with what is probably a lengthy case. If you do not have faith in your... View More
I am currently going through a divorce, and my spouse and I initially agreed and signed a child support addendum. However, the amount in the addendum didn't match the worksheet, and now my spouse is refusing to sign the corrected version. We submitted the addendum previously, and we are... View More
answered on Mar 3, 2025
If all the necessary paperwork is not signed then you simply no longer have an uncontested divorce. Therefore, at some point you will have a trial. Then the court will decide. But if someone refuses to sign a document that is required for an uncontested divorce, you cannot force them to sign.... View More
I'm dealing with a situation where the father, who has 50/50 shared custody, is trying to change the location of the supervised visitation, which was previously agreed upon in the divorce decree and approved by the judge. The visits were supposed to take place at a local counseling center, but... View More
answered on Mar 3, 2025
It is hard to answer this question as accurately as possible without viewing the actual court order, either the final order which addresses visitation or the parenting plan. But without having viewed any documents, I would say no, neither party can change the location ordered by the court for the... View More
Since 1998, I have lived in my parents' home in Georgia, paying part of the mortgage until I took over full payments in 2015 when my father passed away. We initially bought the house together with the understanding that my son and I would always live there with them. My father left a... View More
answered on Mar 3, 2025
You will need to file for probate of both of your parents' estates. If your parents had no will, your sibling's children would be heirs who must be notified of the probate proceeding. During probate, you can try to enforce any of the agreements made by your parents. You can also file a... View More
I have an irrevocable minor trust set up for my daughter that is held until she turns 18. The trust had some interest income the first year but none since, as it's now in an interest-free account. There have been no disbursements. Do I still need to file tax form 1041 every year?
answered on Mar 2, 2025
You will want to consult a tax professional to confirm specific trust filing rules. Generally, a Form 1041 (U.S. Income Tax Return for Estates and Trusts) is required for a trust if it has gross income of $600 or more in a tax year or if it has any taxable income (even if under $600). Since... View More
I believe that representative trustees of a bank-held trust fund have breached their fiduciary duties over the course of 15 years, either negligently, deliberately, or both, in the administration of the trust and its express and sole purpose. What kind of attorney should I consult for this matter?
answered on Mar 2, 2025
I agree with Nina's answer and I'd also recommend you find a law firm with specific experience litigating against corporate trustees (e.g., banks or financial institutions) who understands how to navigate these complex cases, including obtaining financial records, forensic accounting, and... View More
I received a ticket in Georgia for knowingly driving with wrong plates on my car. This was my first offense, and my car was insured but had an expired tag. I'm not planning to contest the ticket and just want to know how much the fine will be. What should I expect to pay?
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answered on Feb 28, 2025
Define can be anywhere from zero to $1,000, and it varies from jurisdiction to jurisdiction. You can call the court that has the ticket and speak to one of the clerks about it. Often, there is a schedule for the fines and they can tell you how much it is in that court before you have to show up.
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