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answered on Mar 17, 2021
Your heirs at law will inherit your property at your death which is not titled in anyone else's name or if you die without a will being probated. Your surviving spouse may take the property or she may be a tenant in common with your issue or relatives which are also heirs.
If not, how long does the grantee have to cancel the deed?
I should add this is not a case of estate transfer.
answered on Mar 12, 2021
1. GranTORS sign every deed.
2. GranTEES receive the property interest (ownership) from the deed.
3. There is no cancellation of a deed per se. If a deed is prepared incorrectly (wrong names, wrong property description, etc.) a NEW (corrective deed) is then needed to correct the... View More 
For example the father passed he had no living relatives but two children. child one says they knew about a will but it is no longer there, the court system has no record of any will being filed. Child two payed for the funeral funds as well as has some of the deceased persons property. Child one... View More
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answered on Mar 4, 2021
Without a Will being probated, the Decedent died intestate. His heirs at law are the owners of the land, as tenants in common of undivided interest. Hire an attorney to determine heirship, file an Affidavit of Heirship, and possibly draft a Deed for the other heirs to transfer to one heir.... View More
They are going through a divorce. He is a senior with no other means where to live. She is also paying a portion on the condo. But he does not have any other means of paying that portion. So, According to Puerto Rico what are his rights as a Senior and part owner? And she left the home and he is... View More
answered on Mar 3, 2021
If they divorce it’s likely to be considered marital asset and they may have to sell it to divide it. It all depends on the facts of the case and what the judge decides. If he’s not working with an attorney for the divorce he should considering doing so. If he is ordered to sell, then he may... View More
But the attorneys are telling me that i filed it into a trust how do you file with placing it into a trust? Is there another system that we would have to go through? My client is wanting to sale her home but she has 11 siblings and her mother is the executor of the estate. The attorneys are... View More
answered on Feb 26, 2021
You have referred to the owner as being "my [your] client." If you are representing someone in a legal matter you must be properly licensed to practice law in the state of Georgia. Only licensed attorneys may do what you have described. You should be very careful as you decide your... View More
You
My son lived in my old house for 15 years. He did not pay rent but did pay property taxes and did a few upgrades. We asked him to start paying rent due to my sickness and needed the extra income. He refused and we had to go through a long eviction process. He is now trying to sue me and... View More
answered on Feb 26, 2021
If you have been served with a lawsuit ("sued"), you need to retain legal counsel right now. You have a limited amount of time to file your response to the lawsuit. If you do not respond in a timely manner, you could lose the case and the property.
Threaten, block me from getting to my land. Harassing me
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answered on Feb 19, 2021
This happens daily, everywhere. You will need a competent attorney to conduct title searches on both adjoining parcels, then draft a suit to enforce your easement and enjoin his attempts to terminate it. Time is essential here, and if you wait too long, you will lose the easement.
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answered on Jan 14, 2021
The name of the trust does not shed any light on what the plan of distribution is at the trust creator’s death. The only way to answer that question is to review the trust instrument itself.
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answered on Dec 7, 2020
That island is probably part of a larger tract titled in someone, who is probably paying taxes on it. Hire a competent attorney to search the title. Accretion probably does not help here, although that or Avulsion may be be the reason for the island's existence. The title search should... View More
answered on Dec 6, 2020
My firm handles only probate issues including real estate issues arising from the death of someone. Give us a call on Monday. 770-469-8887.
I am going to purchase the lift from a dealer. Have it professionally installed and enclose it. This will be for a 2 story residential dwelling. I will get it inspected. The question really is do I still have a stair requirement?
What are the laws for selling aftward
answered on Nov 20, 2020
A Georgia attorney could advise best, but your question remains open for four weeks. If you are unable to consult with an attorney on this, a Georgia architect could possibly offer guidance about where to research building codes, fire safety codes, or other applicable statutory authority. Good luck... View More
Them. Can I box them up and sit them out doors and not get sued. I sent a cerferied letter, informing her.
answered on Nov 9, 2020
No. You have to formally have the lease terminated through landlord tenant court.
House sold "as is" with clause initialed by buyer and sellers. Disclosure of basement leaks/repairs made on standard real estate form for sellers. Now, there is a new leak. Buyer wants more money. Says neighbor told her leaks were common occurrence which isn't correct.
answered on Oct 16, 2020
Probably not liable for new leaks. Talk with a Georgia attorney about the particulars.
answered on Oct 15, 2020
As long as you do not pay with cash you should have a record of your payment.
I co-own, along with my wife and son, a 1.8 ac lot in Dawson County, Lot 1 of 6 lots that originally comprised 12.2 ac, subdivided by a development company that was subsequently dissolved in 2015. We purchased the lot in April 2020, with the intention that my son would locate his residence there.... View More
answered on Oct 10, 2020
The question is, who might sue you for breaching your covenant? The other owners are the ones who might be damaged by your departure from the covenant.
Other owners, have they abided by the rules so far?
Live in Atlanta, Fulton County, 30324. Have a condo for 15 years, 15 left to go. The servicer on my mortgage has just changed and I've discovered that the ZIP code on my mortgage documents is wrong - it's listed as 30304 when it should be 30324. What should I do to have it corrected and... View More
answered on Oct 8, 2020
Unless there is an actual problem, I recommend that you do nothing. There are multiple ways to corroborate the documents to your property. For example property description, the rest of the address, your name, the seller's name, previous documents in the clerk's file with the correct zip code.
We discovered in 2016 our house was foreclosed back in 2011 by the bank that issued our builder's loan. This has robbed us access to our equity and the consideration upon signing the contract to begin with. We are still living in the house. Is the contract void? What are our rights?
answered on Oct 8, 2020
I think we talked about this one at some length.
1. Figure out what a third-party bank thinks is wrong with your title, if anything. -- Title insurance issue.
2. What were the terms of the modification that you signed? Were there misrepresentations made to you to induce your... View More
Dad has said hes going charge estate everytime we ask a ??? Can he do that and i have my own attorney
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answered on Oct 5, 2020
Yes as both the Executor and her her attorney are probably entitled to administrative and fiduciary fees. You might object when the Court is moved to order payment of professional fees. Talk to your own lawyer about the Estate.
We paid each agent separately, each getting 3% individually. Is this customary?
answered on Oct 1, 2020
This is not a legal question. However, 6% is the standard real estate commission. Often this can be negotiated down.
My grandfather passed away in 2007, and leaves real estate to all his children and to the offsprings of a deceased daughter who was already dead at time will was written.
This will is now in probate and three children of my grandfather are now dead. Because the will originally bequeathed... View More
answered on Sep 25, 2020
I don't like not giving advice when someone writes in and ask for it, but your questions are too complex to give a general answer to. A lawyer experienced in probate law needs to examine all the wills and the dates of death of all concerned to give you a firm answer as to who is entitled to... View More
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