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Georgia Questions & Answers
1 Answer | Asked in Criminal Law and Gov & Administrative Law for Georgia on
Q: Charged with possession after traffic stop, probation revoked; what are my rights?

I was a passenger in a vehicle that was pulled over for reckless driving. During a search, drugs were found under the driver's seat, but I had no knowledge of them. Both the driver and I were charged with possession and trafficking after the driver refused to claim ownership. I was detained... View More

Glenn T. Stern
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answered on Mar 24, 2025

I want to be straight with you--this isn't something you should be asking questions on the web about and then trying to navigate yourself. This is serious, serious business! Trafficking sentences carry mandatory jail time, and it cannot be suspended-that means the judge HAS to send you to... View More

1 Answer | Asked in DUI / DWI and Criminal Law for Georgia on
Q: What does Motion to Nolle Prosequi mean for DUI and hit and run case?

I am scheduled for my first court appearance next week for a DUI, hit and run, and failure to maintain lane charges. I received a notice saying the case will be called for a Motion to Nolle Prosequi, and I have the option to waive my appearance. What does this motion mean for my case, and what... View More

Glenn T. Stern
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answered on Mar 24, 2025

A "Motion to Nolle Prosequi" is the fancy legal term for the state moving to dismiss your case. It means that they don't intend to pursue the charges against you. They have to put it down for hearing, because it gives you the opportunity to object if you wanted to (for some reason.)... View More

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: How to respond to $25,000 legal fees request in GA divorce?

I'm going through a divorce initiated by my wife, and I currently don't have an attorney due to financial constraints. My wife's lawyer emailed me on Friday stating that they are submitting a request for me to pay $25,000 in legal fees to the court. I have not yet received any... View More

Tiffany R. Lunn-White
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answered on Mar 23, 2025

First, you should make sure all of your contact information is correctly on file with the court. Second, you should ask them the reason they are requesting attorney fees. There are different legal arguments to be made to obtain attorney fees in a divorce therefore the reason is very important to... View More

1 Answer | Asked in Probate and Estate Planning for Georgia on
Q: Steps to take if will is not available and probate not started.

After my father passed away on July 7, 2024, everything was left to my stepmom, who now has dementia and is in hospice care. My brother claims ownership of assets like a truck and lawn equipment, but the will has not been made available for me to see. What actions should I take, considering probate... View More

Tiffany R. Lunn-White
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answered on Mar 23, 2025

You can move forward with probating the estate and requesting to be the personal representative. At such time, if someone has the Last Will and Testament, they can object. They would then need to produce the Last Will and Testament. From the form of the statements above, it seems you assume that... View More

2 Answers | Asked in Family Law and Domestic Violence for Georgia on
Q: Am I considered common law married after living together since 1996 in Georgia? He filed taxes with me and is abusive.

I need to find out if I am considered common law married. We have lived together since 1996, starting when I was 18, and I am now 48. We have a 20-year-old daughter. We've referred to each other as husband and wife and he has filed taxes including me. He is abusive, which complicates my... View More

Joshua Schiffer
Joshua Schiffer
answered on Mar 23, 2025

Thats a bit complicated and depends on timing, since Georgia did away with Common Law Marriage in 1997 and you may be considered married depending on how it all shakes out.

This is worth you speaking in detail with a tax lawyer to get to the bottom of it, as financial control is a major...
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1 Answer | Asked in Divorce and Family Law for Georgia on
Q: Next step in GA uncontested divorce if husband doesn't respond to summons?

I filed for an uncontested divorce in Cherokee County, GA on February 10, 2025. My husband was served with the court summons on February 20, 2025. We have been separated for thirteen years and have no marital debt, no assets to divide, and our children are now adults. I have completed the family... View More

Sharon Jackson
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answered on Mar 21, 2025

If you are both pro se (meaning that neither of you have a lawyer, but represent yourself) the court will likely reach out to you to schedule a hearing. If you hire a qualified family law attorney, they can file paperwork to get a hearing set for you and review your paperwork to ensure that... View More

2 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Georgia on
Q: Can insurance payout for medical expenses be received directly?

I was involved in a car accident, and the other party's insurance has offered $5,000 for medical expenses. I've already received medical treatment using my own insurance, and I'm considering possibilities for future medical costs. I haven't been able to work for 5 days, and my... View More

Michael W. Horst
Michael W. Horst
answered on Mar 19, 2025

I am concerned the insurance adjuster is attempting to take advantage of you. The adjuster should be issuing to you a settlement check which compensates you for medical bills + lost wages + pain and suffering. The fact that the adjuster is attempting to pay the medical care providers directly for... View More

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1 Answer | Asked in Landlord - Tenant, Construction Law and Personal Injury for Georgia on
Q: Flooding due to construction site; what attorney do I need?

I am a renter and my home experienced flooding three times due to a nearby construction site, with the incidents occurring in September 2024, February 12th, and most recently on March 16th. The February incident was particularly damaging. I have not yet spoken to the construction company but have... View More

Kent Bailey
Kent Bailey
answered on Mar 17, 2025

From the facts asserted, I would recommend a real estate attorney with knowledge of both landlord/tenant and construction law. It appears that your damages are caused by the conduct of the construction company who would, for all intents and purposes, be the liable party for failing to adequately... View More

1 Answer | Asked in Construction Law, Contracts and Small Claims for Georgia on
Q: Can I file a small claim in GA against an LLC for faulty fence construction?

I hired an LLC to build a fence for us through a friend of a friend, and we agreed verbally on the construction terms. We paid $3,000 in cash for labor, and we have material receipts totaling $2,300, with one receipt paid in cash and the other by credit card. The contractor promised the fence would... View More

Kent Bailey
Kent Bailey
answered on Mar 14, 2025

I can't say with certainty without all of the facts that you have a "solid" claim against the contractor, but if you paid for a fence, and two months later the fence fell down due to faulty construction then more than likely you do have a claim. Oral agreements are enforceable in... View More

1 Answer | Asked in Civil Litigation for Georgia on
Q: Timing for responding to a Motion for Summary Judgment before pre-trial hearing.

I am responding to a Motion for Summary Judgment that was given to me 5 days before the pre-trial hearing. I thought the Motion for Summary Judgment needed to be submitted to the court 30 days before the pre-trial hearing. Is this correct?

Michael W. Horst
Michael W. Horst
answered on Mar 14, 2025

Not exactly. Rule 6.6 of the Uniform Superior Court Rules provides "[m]otions for summary judgment shall be filed sufficiently early so as not to delay the trial. No trial shall be continued by reason of the delayed filing of a motion for summary judgment." The fact that the MSJ was... View More

1 Answer | Asked in Probate and Real Estate Law for Georgia on
Q: Do I need to correct the security deed before drafting a new warranty deed in Georgia?

I'm located in Decatur, GA, and I'm navigating the process of changing the property deeds after the passing of my husband. We jointly owned our home, but the security deed inaccurately lists us as "unmarried," and the warranty deed doesn’t include joint tenancy with rights of... View More

Kent Bailey
Kent Bailey
answered on Mar 14, 2025

This will depend on whether you both are listed on the security deed. If you are, then no action should be required with regards to the security deed, as this simply records the mortgage companies interest to the property. In regards to the warranty deed, I assume that if you are not joint... View More

1 Answer | Asked in Probate and Real Estate Law for Georgia on
Q: How do I claim ownership of my deceased brother's land after paying taxes?

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

Kent Bailey
Kent Bailey
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.

1 Answer | Asked in Consumer Law, Lemon Law and Contracts for Georgia on
Q: Can I make a car dealer pay for transmission repair if bought "as is"?

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

Kent Bailey
Kent Bailey
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

1 Answer | Asked in Probate for Georgia on
Q: Next steps for probate as next of kin in Georgia

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

Kent Bailey
Kent Bailey
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

2 Answers | Asked in Intellectual Property, Patents (Intellectual Property), Copyright and Trademark for Georgia on
Q: Legal issues in manufacturing custom "magic 8 ball" with unique answers and branding?

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

Babak Akhlaghi
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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

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1 Answer | Asked in Contracts and Real Estate Law for Georgia on
Q: Sued for breach of contract with unlicensed contractor in Georgia.

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

Kent Bailey
Kent Bailey
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

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Georgia on
Q: Advice on an estate inheritance issue involving an uncle borrowing against and leasing the property in Georgia.

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

Anthony M. Avery
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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

2 Answers | Asked in Car Accidents, Civil Litigation and Insurance Defense for Georgia on
Q: Received $15,000 lawsuit demand after minor fender bender, no injuries reported. What to do?

My son was involved in a minor fender bender two weeks ago, resulting in a scratch on our car and some cosmetic damage (headlight knocked out and a bumper dent) to the other vehicle. He received a warning ticket for failure to yield right of way, with the police report stating no injuries. While we... View More

Tim Akpinar
Tim Akpinar
answered on Mar 15, 2025

Your insurance carrier is probably setting up a claim, if it hasn't done so already. It sounds like it's only a letter at this point. You probably already did so, but if you haven't, turn the letter over to your insurance carrier after making a copy for your own files. If the matter... View More

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2 Answers | Asked in Car Accidents, Personal Injury and Consumer Law for Georgia on
Q: Is it worth suing an insurer for a lowball offer after a car accident in Georgia?

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

Michael W. Horst
Michael W. Horst
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...
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1 Answer | Asked in Civil Litigation and Criminal Law for Georgia on
Q: How to file civil claim for assault by coworker without DOB/address in GA?

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

Glenn T. Stern
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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

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