An elder attorney can help you. The first question I would ask is what are you trying to accomplish with a power of attorney?

Peter J. Weinman Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 3, 2023

That would be illegal. https://www.dca.ga.gov/sites/default/files/2-15-21_handbook_final_draft.docx#:~:text=NOTE%3A%20During%20an%20eviction%20case,unit%20as%20the%20lease%20describes.

If the husband died without a will, the wife would need to file for administration of the deceased husband's estate. If there are children from the marriage or if the husband had children from a previous marriage, the wife would share in the inheritance of the land with the children. Any... View More

Yes. The only exception is if an employee of the bank, not an independent contractor who is a notary that comes to your house, explains the documents and notarizes them in your presence. Closings in Georgia can no longer be closed by Zoom, Skype, etc. either. You can contact the Georgia Attorney... View More

The amendment to address concerns is open to acceptance by the seller unless the buyer withdraws/revokes the proposed amendment prior to the seller signing and accepting the amendment. There is no set time for acceptance of the amendment unless a specific time is listed in the body of the amendment... View More

The simple answer is you file a lawsuit naming all of the parties - the original seller, wholesaler 1, wholesaler 2, and the real estate agent. One of the biggest issues with wholesaling is that it has severe issues with fraud. Oftentimes, there is a failure to disclose the property condition,... View More

You can file a materialman's lien to secure your $13,000.00 against the property. If this is a new construction, the property cannot be sold from the builder to the new homeowner without paying you off. If the property has already been sold or this was an existing building, you can still... View More

Yes, you can sell the property, but she will have to join in the signing as her life estate as well as your remainder interests have to be transferred to the purchaser. If she is mentally unable to sign, then hopefully someone has a durable financial power of attorney for her so they can sign on... View More

This is an interesting situation. If there is no signed agreement or written communications in emails or texts that show you agreed to repay the commission that they contributed towards closing costs, then the agent is going to have a hard time proving that you agreed to repay the commission. Also,... View More

There are two main solutions you could pursue depending on the circumstances, but both involve going to court: 1) Quiet Title - this is a lawsuit that seeks to clear up a title issue, like a missing heir. This option would give them an opportunity to sign, or if they were non-responsive, transfer... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 30, 2023

If you are actually an owner, hire an attorney to file an action for a Sale For Partition.

I'm sorry to hear about your situation. If your sister's husband's name is on the title to your mother's house, it is possible that he may have a legal right to the property.

However, it is important to note that just because your sister's husband's name is on... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 22, 2023

Hire a GA attorney to search both titles for an Easement. Photos of ROW use are necessary. Any witnesses to your use are relevant. Your predecessor in title may have also used the same ROW, and his testimony will be critical. Neighbors' Statements Against Their Own Interests can be... View More

If the partners do not agree, the partner who wants to sell can only sell their one-half undivided interest in the whole property, which typically no one wants to buy. If the parties cannot agree to sell the property, one partner may petition the court for a partition action, which would force the... View More

Legally, if you could not come to an agreement regarding buying out her ownership interest in the property, you would need to seek a partition, which would split the property. If the property could not be split equitably, the court would order a sale of the property. If you want to avoid that, you... View More

OCGA 13-1-11 allows for the collection of attorney fees based on the amount of the underlying indebtedness. The calculation you have performed is correct. However, in cases where the amount of attorney fees is greater than $20,000.00, the debtor can challenge the reasonableness of the fees. It is... View More

A property owner may not divert water onto the property of another in a way that causes damage to the property receiving the excess water. Doing so is considered a nuisance and is actionable.

Your house is in foreclosure due to unpaid HOA dues and assessments. If you do not answer the lawsuit, you will lose the home to foreclosure. In addition, the complaint alleges damages for unpaid dues that will be a personal judgment against you if you do not file an answer. It is likely a lien is... View More

The foreclosure process in Georgia is relatively quick and straightforward. The primary steps are a notice of foreclosure is sent to borrowers/owners at least 30 days before the scheduled foreclosure sale, the notice of sale is published for the 4 weeks immediately preceding the sale, and finally... View More

In Georgia when you purchase property at a county tax sale, you receive no warranty of title. The county transfers the property with a quitclaim deed or tax sale deed. You then have to go through the process of quieting title to have marketable title to sell to another person in a standard real... View More