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answered on Sep 1, 2020
Hire a competent attorney to search the title. You have not given the exact estate created, but all conditions, reverters, etc. cannot violate the Rule Against Perpetuities. You may have to file a Quiet Title/Declaratory Judgment action to clear the title for sale.
A husband and wife own retail property in Cobb Co and reside in Paulding. The husband dies and leaves his half ownership to his son. The will was probated in Paulding for the home. Searching property records, the deceased husband is still listed as owner on the Cobb commercial building. Does this... View More 
answered on Aug 29, 2020
You probate a will only in the county where the deceased lived. Once you probate the will, the executor then transfers the real estate wherever it is in Georgia to the designated beneficiaries. Until that is done, the executor still has work to do.
mentioned in the will would be handled legally by me. He lost 2 of his tax records in a flood and died before I realized that those properties weren't included on the will. Now my attorney is telling me I have to contact his siblings and their children inorder to GIFT the properties to whom... View More
answered on Aug 26, 2020
It sounds as though you are working with an attorney. That person has all the details of your case, so it would probably be a good idea to take the person’s advice. If you don’t feel that you are getting good guidance with that attorney then you may want to see about working with a new one.... View More
A family member has the power-of-attorney of his mother. She has significant dementia that is progressing.
They have a property in both of their names as co-owners. His concern is that he will lose his property should she be permanently placed in a nursing home, i.e., for reimbursement... View More
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answered on Aug 26, 2020
The attorney-in-fact is a fiduciary for his principal. Anything he does must be for the benefit of her. Conveying the property to himself is presumptively fraudulent. Family Members may wish to put her into a Conservatorship, or get a competent attorney to do some Estate Planning now by Deed.
^ kids are still a living but no one agrees to probate a will so she has been living there and paying taxes and taking care of the place since her mother died. She has always lived at the property and took care of her mother since the 70's
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answered on Aug 24, 2020
Not sure of your question. Wills mean nothing unless Probated. It is impossible for one tenant in common to adversely possess against the other tenants in common. But paying taxes exclusively gives her a right to reimbursement. You may wish to file a Partition Action.
answered on Aug 17, 2020
Yes, you can sell your property at any time. It is important that you do not violate the TPO.
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State of ga. Landlord not notified until day of court Dispute over quit claim deed h
recorded in clerk records back in Feb 2020. Dad died may 2020. sueing estate of dad she's temp admin of for reversal of quit claim deed suit came after evict notice.can she adverse possess? How can she be removed.
answered on Aug 13, 2020
There is a hold on evictions in the state at this time due to the pandemic. It was recently extended once again. You may want to read about here: https://www.fox5atlanta.com/news/georgia-issues-3rd-covid-19-related-evictions-hold
-Homer P. Jordan IV, Esq. 404-620-1558
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?
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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... View More
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... View More
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... View More
Only name on deed of trust is hers. No husband, just three heirs.
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.
How do those not interested in the house relinquish their interest and avoid the probate process? Property is in Missouri
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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... View More
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... View More
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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.
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?
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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.
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... View More
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... View More
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... View More
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... View More
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... View More
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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... View More
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... View More
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... View More
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
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
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.
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.... View More
I am on disability and cant afford a lawyer. What can i do?? Her bf kicked my brother out. I live 4 hours away.
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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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