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Georgia Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Georgia on
Q: Rights to property?

I was buying a mobile home and land from a private owner. I filed chapter 13 bankruptcy but I relinquished the home and land To the owner. This was in 2014. The land and home are both still in my name. Do I have any rights to this property?

Anthony M. Avery
Anthony M. Avery answered on Aug 6, 2020

What do you mean by "relinquished the home and land to the owner"? Did you convey by deed or allow a foreclosure to occur? The Trustee may or may not have abandoned the property in the 13, which needs to be checked. You will have to determine what happened in the BR, especially if... Read more »

1 Answer | Asked in Real Estate Law and Animal / Dog Law for Georgia on
Q: I paid a pet deposit for my dog and in one area of the lease it states no indoor pets but then another part of the

Lease states you’re responsible for any damage they do and specifically list blinds(indoor item). My landlord will not allow my dog inside and forces me to keep her out side in extreme heat and she can only be inside if it’s below freezing. Is there not a law against leaving dogs outside when... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 19, 2020

Generally, no, most states don’t have laws about keeping dogs inside Unless the temperatures are extreme because dogs are property in most states. And because you signed a lease, you’re kind of stuck with the terms. Can you give your dog to a friend or family member during the day so he/she can... Read more »

1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: In Georgia. Can my mothers home who died intestate have her house sold without going through probate?

Only name on deed of trust is hers. No husband, just three heirs.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jul 13, 2020

You mention Deed of Trust. Is the title in her name alone or in the name of her as Trustee? If the house is in her name alone, you will need to file for probate in the county where she lived. If the house is on the name of a trust, you need to see what the trust says do.

1 Answer | Asked in Real Estate Law for Georgia on
Q: Single Aunt died, no will, no children. Her estate is 1 house valued at less than $40k. 12 nieces and nephews.

How do those not interested in the house relinquish their interest and avoid the probate process? Property is in Missouri

Anthony M. Avery
Anthony M. Avery answered on Jun 18, 2020

Hire a competent Missouri attorney to: search the Title; determine Heirship; prepare and record an Affidavit of Heirship; and then draft a Quit Claim Deed for most of the Heirs to convey their interests over to whatever Heirs want the property. The Affidavit should be one of your... Read more »

1 Answer | Asked in Civil Litigation and Real Estate Law for Georgia on
Q: How do I find the name of my landlord in my state to file in small claims court? They are registered as a "foreign LLC."

I checked the Georgia Corporations division for the name on my lease "Holcomb Bridge GA Partners, LLC"

https://ecorp.sos.ga.gov/BusinessSearch/BusinessInformation?businessId=2073864&businessType=Foreign%20Limited%20Liability%20Company&fromSearch=True

The parent... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 15, 2020

You file against the legal corporate name, listing their principal office address. You serve it through the Registered Agent. But keep in mind that when you sue, the Defendant will probably evict you. And hopefully you have some idea of where to execute a prospective Judgment.

1 Answer | Asked in Real Estate Law for Georgia on
Q: Property around me has mobile homes that are within 3 feet or less of my property and some on my land, what can I do

one of his tenant's recently built a ramp that extends 20 feet onto my property. I own the road that goes in front of his homes and allow ingress/egress but can I tell them not to park on the road, can i put up fence with openings to allow entrance to a drive way?

Anthony M. Avery
Anthony M. Avery answered on Jun 4, 2020

You should have already hired a lawyer and filed Suit for Trespass, Complaint To Establish A Boundary Line., etc. It is possible you have already lost alot of land. Adverse Possession is very real and if you do not act, you lose your property.

1 Answer | Asked in Estate Planning and Real Estate Law for Georgia on
Q: Probating 3 different estates, all revolving around 1 piece of property that is located in another state?

My mom's parents owned a home together in GA (w/o rights of survivorship). They had 3 kids (#1, 2, & 3). Kid #1 died in 2001 & has 3 children. My grandma then died in GA in Sept 2003, presumably leaving her half of the home to my grandpa & her children/grandkids.

Kid #2... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jun 3, 2020

First, get a lawyer to help you through this. By the time to finish with all the issues that will arise, you will find that a lawyer will save you time, and at the end of the day, money. You can only open a probate in the county where the deceased person lived. There are some rare exceptions to... Read more »

1 Answer | Asked in Consumer Law, Contracts, Personal Injury and Real Estate Law for Georgia on
Q: What rights do i have renting a room in a private residence?

We had entered an agreement that i would be working from home and now its been 2 months of heavy loud construction here and my quality of life has significantly diminished. Also ive recently found out i likely have a disability being unable to process high volumes of sensory input and before the... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 2, 2020

I'm sorry for your ordeal. A Georgia attorney would be in the best position to advise, but your post remains open for two weeks. The things that you describe, in terms of construction noise or clocks, are really more in the territory of a landlord-tenant attorney than a personal injury... Read more »

1 Answer | Asked in Real Estate Law, Animal / Dog Law and Civil Rights for Georgia on
Q: How do I file for adverse possession on house that has been abandoned for several years. I have occupied it since 2016 a

Prior to that the owners had died and told my mom she could have the house because she cared for them when they needed help for shopping and healthcare. I have keys to the home and have painted inside and put a wood floor down and was in process of roof repair. But last week the house was boarded... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 28, 2020

It does not appear that you have any legal or equitable interest in the property. You did not mention taxes being paid by you or any type of deed conveyance. In fact it looks like you do not even have possession which a new owner would have to evict you from. Adverse Possession cannot be filed... Read more »

1 Answer | Asked in Business Law, Real Estate Law, Tax Law and Landlord - Tenant for Georgia on
Q: Can I transfer a primary residence to my LLC and rent my house from myself, to pay R&M and Capital expenses through LLC?

I own a home in Alpharetta, GA, I believe transferring ownership from myself to an LLC I own would allow the LLC to expense mortgage payments and Repairs & Maintenance costs as a cost of maintaining the property for tenants. I also believe the LLC could capitalize costs related to capital... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on May 18, 2020

Yes you technically can, but it doesn't work. You end up netting if it works out well and you have to defend it in an audit. It always ends up being net taxable when the IRS recalculates the FMV of the rental.

Once you run all the numbers it's comes out that you create tax out of...
Read more »

1 Answer | Asked in Family Law and Real Estate Law for Georgia on
Q: My mother in law refuses to move her rv off my property. She doesn't pay rent and was never supposed to bebhere permanen

She's been living here already a couple months when she was only supposed to be here a couple weeks top. She's been asked to leave but refuses

Homer P Jordan IV
Homer P Jordan IV answered on May 6, 2020

I’m sorry to hear this. There are details that we don’t know. Did you give her permission to park it there? If so, for how long? You may very well be able to call the police and take action to have it removed. -Homer P. Jordan IV, Esq. 404-620-1558

1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: Can my husband legally move into his father's house if he had no will in Georgia and siblings can't be located?

My husband has being paying the property taxes for the last 5 years, doing the upkeep of the property. My father in laws wife is in a nursing home with dementia.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on May 1, 2020

No. Your husband needs to file to open an estate for his father in the county where his father lived. He should attempt to be appointed administrator. Once he is appointed administrator, he can determine what the next decision for the estate should be. It is not to move into the house.... Read more »

2 Answers | Asked in Real Estate Law and Probate for Georgia on
Q: My mom just passed away. Her bf has taken over the house. Its in her name. What do i do???

I am on disability and cant afford a lawyer. What can i do?? Her bf kicked my brother out. I live 4 hours away.

Nina Whitehurst
Nina Whitehurst answered on Apr 25, 2020

Hire a probate attorney. Many are willing to be paid out of the assets of the estate.

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1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Georgia on
Q: I am in need of a lawyer to help me probate my grandmothers estate she left a will and I am not sure what to do next

My grandmother was murdered 2 weeks ago I was finally able to bury her yesterday. I have her testament and would like to know what my next steps are. I am here in Puerto Rico now but I live in Atlanta, GA. I need an attorney here who will help me probate this estate, access her accounts and sell my... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Apr 21, 2020

Offering a will for probate and administering the estate when you are not local can be very difficult. We would be happy to assist you with the issues you discussed in your question. There are many good law firms around the Atlanta area, but you want to locate one that specializes in probate... Read more »

1 Answer | Asked in Personal Injury, Real Estate Law, Communications Law and Landlord - Tenant for Georgia on
Q: What can I do about the place where I’m staying there’s some discrepancies, my belongings are being missed placed

I just need to know what do I do or what can I do about it

Tim Akpinar
Tim Akpinar answered on Apr 11, 2020

Your post includes Personal Injury as a category, but there did not appear to be any injury-related issues in the brief description. In terms of the discrepancies with belongings you describe, it might be helpful for an attorney to know more information - were these discrepancies in connection with... Read more »

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.

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... 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...
Read more »

1 Answer | Asked in Consumer Law and Real Estate Law for Georgia on
Q: If I rented an apartment... Got approved...moved in... And 3 days later landlord said I have to leave without eviction

Background showed a felony.... Can they do that or will a judge have to order the eviction

Anitra Walker
Anitra Walker answered on Mar 30, 2020

You will need to closely review your lease to determine what type of notice is required by the landlord. If they provide the notice per the lease and you refuse to move then they will have to file a dispossessory action (eviction) in the county in which the property is located.

1 Answer | Asked in Personal Injury and Real Estate Law for Georgia on
Q: I have a private pond. What can I do to notify others and legally protect myself in the event a trespasser gets injured?
Tim Akpinar
Tim Akpinar answered on Mar 29, 2020

Legal measures could consist of checking existing insurance coverage, providing adequate notice in the way of warning signs, and checking local ordinances. Safety measures could consist of fencing (if feasible, based on size of pond), grill or cover (if pond is small enough), safety equipment such... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Georgia on
Q: Just found out my house was built across a property line some 30+ years ago. Owner of encroached land shows no concern.

I want to sell my house. Encroached land is my front yard (extensive improvements). Can I legally annex this 1/2 acre strip to sell my house?

Gregory Byrnes
Gregory Byrnes answered on Mar 26, 2020

You may have a claim for adverse possession: https://statelaws.findlaw.com/georgia-law/georgia-adverse-possession-laws.html

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