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Georgia Real Estate Law Questions & Answers
1 Answer | Asked in Estate Planning and Real Estate Law for Georgia on
Q: My Husband of 18 years passed away. In the Will it stated I am to live in our home until my death but in next paragraph

Leaves his daughter my stepdaughter as the executor of the will and power of attorney. He was the only source of our income for the last 18 years. It's sad anytime that the children if needed To sell they can. He was angry with me at the time he wrote it. Do I have Any rights Or can she sell... Read more »

John W. Chambers Jr
John W. Chambers Jr answered on Oct 12, 2017

I recommend that you immediately retain the services of a probate attorney to obtain legal advice about this matter. A probate attorney can advise you of your rights after reviewing the pertinent documents and facts related to your particular situation. In Georgia, a surviving spouse may be... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Probate for Georgia on
Q: My grandma and boyfriend were buying a house together she died who does the house go to.( It still has payments left)

She had no will

John W. Chambers Jr
John W. Chambers Jr answered on Sep 25, 2017

The answer depends on whether the house was owned by them as joint tenants with survivorship or as tenants in common. If owned by them as joint tenants with survivorship, her interest would have passed to the co-owner. If it was owned by them as tenants in common, her interest would pass to her... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Georgia on
Q: Can my wife sell our home without my consent in georgia if my name isn't on the deed or mortgage? Married 12 years.

Bought home 7 yrs ago. She moved into an apartment 4 months ago. I have been doing ALL the upkeep and paying mortgage/bills on my own. Not divorced yet but will be. Trial may start soon.

Ben F Meek III
Ben F Meek III answered on Aug 27, 2017

You need to consult with a Georgia real estate or divorce lawyer. Most states have some form of "homestead" right. This means that when a married couple live together in a home that one or both of them owns, both spouses have a homestead interest in the residence even if they do not own... Read more »

1 Answer | Asked in Civil Litigation, Libel & Slander and Real Estate Law for Georgia on
Q: My former neighbors tore up my fence before they moved. New neighbors were told I tore up the fence. Do I have a case?

You can tell it was broken from their side due to the spreading of dirt from an in ground pool being installed. Their yard is at least 6 inches taller than mine.

William C. Head
William C. Head answered on Aug 13, 2017

What is your economic harm, in this case? Did their claims cost you your job? Or, is it just the fence repair?

Sounds like fence repair, to me. Sue them in small claims court, for the fence costs. The judgement will prove who was telling the truth.

1 Answer | Asked in Civil Rights, Landlord - Tenant, Real Estate Law and Tax Law for Georgia on
Q: I am a tenant renting a house for over 2 years now landlord did not pay taxes on property for 3 years and house is up

For sale in Morrow Georgia what legal advice will you give me I have 5 kids and just received this letter from the sheriff office on my door when someone purchase the house at the auction do I have time to look for another place for me and my five kids least 30 to 90 days to be exact

William C. Head
William C. Head answered on Aug 13, 2017

Wow, what a mess. The answer is that you will need to deal with the new owner, which may be the bank. But, whoever buys the home has the right to evict you, so try to locate and speak to that person about your dilemma. You may be permitted, at least in the short term, to pay rent and stay a while.... Read more »

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Georgia on
Q: If someone dies intestate in the middle of selling real property, does the spouse have to continue on with the contract?

Husband who is Georgia resident signed contract to sell land in Alabama which he co-owned with his sister as tenants in common. Husband died 5 days before closing. Does the spouse or administrator have to complete the sale so the funds go into the estate? Or can spouse let Contract expire with... Read more »

John W. Chambers Jr
John W. Chambers Jr answered on Aug 10, 2017

Generally, under Georgia law, the estate would be liable for the obligations of the deceased party to the contract (unless the contract provided otherwise). I do not know whether Alabama law is the same on this issue, although I suspect that it is. I recommend that the person who would be the... Read more »

1 Answer | Asked in Family Law, Real Estate Law and Probate for Georgia on
Q: My grandpa from Nahunta Georgia has pass away july 21 my uncle took everything

My uncle cliff took everything and im wanting to know about his property or if Thire was a will

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Aug 6, 2017

I assume your father has passed away. If so, you are an heir to your grandfather’s estate and have a right to ask the Brantley County probate court to open an estate for your grandfather. You (and your siblings) stand as equals to your uncle. DO not sign anything documents without first... Read more »

1 Answer | Asked in Appeals / Appellate Law, Real Estate Law and Landlord - Tenant for Georgia on
Q: how can I stop frivolous court appeals from a person illegally in my property?

My Section 8 tenant died(not in the house) and Atlanta Housing Authority closed the contract, issuing notice that they not responsible after 03/31/2016. The son (caregiver) agreed to move but his brother (not on the lease) had moved into the property and is countersueing my dispossessory action... Read more »

William C. Head
William C. Head answered on Aug 4, 2017

Your lawyer could file an equitable remedies type of civil case against the freeloader, and a motion to have the person who is clearly trespassing PAY a monthly amount, or lump sum amount into court, to cover your estimated lost rental value, in the event the case goes against him. This would be a... Read more »

1 Answer | Asked in Criminal Law, Real Estate Law, Landlord - Tenant and Small Claims for Georgia on
Q: We are renting a house in St. Mary's GA. We were called yesterday by Magnolia Rental that our house was foreclosed.

We just paid our rent. They said it went to the homeowner ad we couldn't get it back. We meet with Magnolia Rental at 12 today. We have only been here 5 months. Please Help!!!! We also got 2 foreclosure notices in the mail in the past 2 weeks ad we turned those into Magnolia ad asked about... Read more »

William C. Head
William C. Head answered on Aug 4, 2017

You should call the District Attorney, about possible Fraud charges against the owner. He took your money, already knowing that he was not able to pay the bank. Cannot assist you to stay in the property, if he no longer is the owner.

1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: How can I become a foreign executor of an estate in Georgia when I live in Tennessee?
Ben F Meek III
Ben F Meek III answered on Jul 25, 2017

You will need to contact a Georgia probate lawyer to begin either an original probate proceeding or an ancillary proceeding in Georgia (ancillary to a Tennessee probate case, if one has been commenced). The Georgia lawyer may be able to get you appointed, depending on your relationship to the... Read more »

2 Answers | Asked in Estate Planning and Real Estate Law for Georgia on
Q: Is a POA that was signed and notarized in 2000 but no withness signature valid for a real estate transaction now?
John W. Chambers Jr
John W. Chambers Jr answered on Jun 24, 2017

In Georgia, if a power of attorney was signed by the principal and witnessed by only a notary public and not a second witness, it would not be valid for a real estate transaction.

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1 Answer | Asked in Estate Planning and Real Estate Law for Georgia on
Q: Is the title of property the deed?

All 3 listed on deed are deceased. Would property go to there brother? Or does it matter how title reads. Owner of property had no children.

John W. Chambers Jr
John W. Chambers Jr answered on Jun 21, 2017

The answer depends on whether the property was owned by the co-owners as joint tenants with right of survivorship or as tenants in common. Whether it was owned by the co-owners as joint tenants with right of survivorship or as tenants in common depends on the language in the deed. I recommend... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Georgia on
Q: Should the property go to my father. Which is only living siblings. What kind of lawyer would I need to see?

My aunt owned house. Has no children. When she got sick. Her older sister started handling her finances. Including adding her and her husbands name to the deed of property. Now all three have pasted away. My cousin currently lives there free. My father is there brother. He was originally... Read more »

John W. Chambers Jr
John W. Chambers Jr answered on Jun 21, 2017

You indicate that you aunt (i.e., the older sister) added the names of her and her husband to the property. If by this, you mean that your aunt who owned the property executed a deed creating a joint tenancy with survivorship with her, her older sister, and the older sister's husband, then on... Read more »

1 Answer | Asked in Contracts, Small Claims, Family Law and Real Estate Law for Georgia on
Q: I would like to know what type of lawyer I should contact/ what type of law my case falls under?

I need to know what kind of lawyer I should contact. I was in a long-term (2006- 2016), cohabiting relationship. I also worked for 5 years at my ex’s office. He was a doctor. We were in a committed relationship. He provided a good life, was very busy on his own, and maintaining our household... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jun 5, 2017

A family law attorney can help you with this. You can file a partition of property in order to get what you are owed from the house and your belongings.

1 Answer | Asked in Estate Planning and Real Estate Law for Georgia on
Q: I'm heir and received house with mortgage in Will I have been paying 7 years not told bank can I put name on county tax.

I have lived in house and paid mortgage for 7 years which is still in parents name. I want to add my name to county property tax to be able to claim homestead extension.

John W. Chambers Jr
John W. Chambers Jr answered on Jun 2, 2017

You would need to have the property transferred to you for you to be able to claim the homestead exemption. The security deed may prohibit a transfer of the property without the lender's approval. You should consult with an attorney before undertaking to have the property transferred to you,... Read more »

1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: My father died 12!years ago and my step mother didn't probable the will. Now she's trying to transfer property into her

Name. Part of the property was rights of suviorship but there is a small portion that is the entrance to the property that was solely in His name? Does she have to have my and my siblings signature to sale?

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on May 24, 2017

The simple answer is that if you own a piece of the property, you will be required to sign a deed to give up your ownership rights. If the land is still in your father's name, then an estate will probably have to be opened to transfer the land from his name into the name of his spouse at the... Read more »

2 Answers | Asked in Civil Rights, Constitutional Law, Estate Planning and Real Estate Law for Georgia on
Q: If an executor of a will/estate is given power ..Can they sell deceased house?

without beneficiary knowledge of?

John W. Chambers Jr
John W. Chambers Jr answered on May 16, 2017

I assume you mean that the will grants the executor the power to sell property without court approval, or incorporates the statutory powers. Without such power, an executor would need to petition the probate court for approval to sell the house. Assuming that the executor has been granted the... Read more »

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2 Answers | Asked in Probate and Real Estate Law for Georgia on
Q: I live in Georgia, my father died without a will. My family and I have lived with him for 13years. Can we be kicked out?

I pay the bills as well as house note can I put the house in my name? I have one brother living and he is not contesting

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on May 12, 2017

The simple answer is that if your father has a mortgage on his property and you are paying it, no one can kick you out. The more complicated matter is that you cannot transfer the house into your name without opening an estate at the probate court in the county in which your father resided. You,... Read more »

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1 Answer | Asked in Divorce, Real Estate Law, Child Custody and Military Law for Georgia on
Q: How can I force my ex spouse to appear in court?

I filed a modification/registration of custody in GA, ex wife claimed AL residency on military orders in GA although I found the deed to the home she purchased in GA. She now lives in LA (moved the wk of court) and is saying she cannot travel due to high risk pregnancy for court where I have now... Read more »

Robert Donald Gifford II
Robert Donald Gifford II answered on Apr 28, 2017

You may need to go to where she is and file in that jurisdiction. Courts mostly look to where the child is at for the purposes of the proper venue. That will be the surest way to get things moving and done. The downside to this is the expense. In some jurisdictions, you can ask for... Read more »

1 Answer | Asked in Real Estate Law and Divorce for Georgia on
Q: Can we sell our home before the divorce is final?

Both parties in agreement with the sale. Nothing is being contested. If we do not have the divorce decree will that hold up the sale of the property if we get a buyer?

Vincent Gallo
Vincent Gallo answered on Apr 21, 2017

There should be no reason at all as to why both parties in title can not agree to sell.

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