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I believe that representative trustees of a bank-held trust fund have breached their fiduciary duties over the course of 15 years, either negligently, deliberately, or both, in the administration of the trust and its express and sole purpose. What kind of attorney should I consult for this matter?
answered on Mar 2, 2025
I agree with Nina's answer and I'd also recommend you find a law firm with specific experience litigating against corporate trustees (e.g., banks or financial institutions) who understands how to navigate these complex cases, including obtaining financial records, forensic accounting, and... View More 
I received a ticket in Georgia for knowingly driving with wrong plates on my car. This was my first offense, and my car was insured but had an expired tag. I'm not planning to contest the ticket and just want to know how much the fine will be. What should I expect to pay?
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answered on Feb 28, 2025
Define can be anywhere from zero to $1,000, and it varies from jurisdiction to jurisdiction. You can call the court that has the ticket and speak to one of the clerks about it. Often, there is a schedule for the fines and they can tell you how much it is in that court before you have to show up.
Is it legal for me, as a 20-year-old, to have a handgun that is legally registered to my 22-year-old spouse in our car if we live in the same household in Georgia, and the gun will remain in the vehicle when in use?
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answered on Feb 27, 2025
No, unless perhaps the gun is secured in a locked safe that you do not have access to. While you are driving a motor vehicle, under the law you have possession, access and control of any items also found in that car. So while you may not "own" the gun, you are "possessing" it... View More
My father passed away in July 2017, but no will has been filed or probated, and no Letters of Administration have been completed. My brother is handling business matters, selling assets (like a car and a truck), and claims he will sell the house. My mother is in assisted living with dementia, and... View More
answered on Feb 27, 2025
If you believe your brother is acting inappropriately, you need to file to be administrator of your father's estate. You also need to file for guardianship over your mother to prevent further abuse of the power of attorney. Once the probate case is filed, you can use discovery to determine if... View More
I am a former owner-operator of a small trucking company. My truck was held by a repair shop in Jackson, Georgia, under the pretense of waiting for a non-safety related part. Despite the service manager later stating, three months later, that I could take my truck, this delay resulted in the... View More
answered on Feb 26, 2025
There are a few questions before advice can be fully offered. For example, did the shop initially inform you that the truck could not leave? Were attempts made to retrieve the truck that they refused? If either of these are the case, then they later recanted this assertion, then a claim is... View More
I currently pay child support for my child whose mother is in jail. I’m not legitimized in Georgia and the school informed me that I can't transfer my child because I'm not on the checkout list or the person who enrolled them. I don’t have information on how long the mother will be in... View More
answered on Mar 3, 2025
File for legitimation, have the mother served, and then ask the court for a temporary hearing so you can obtain a temporary order giving you primary physical custody of your minor child. Then you can make major decisions until such time as the court can make a final determination on custody &... View More
My sister has been living in our deceased father's house for 10 years, and she now wants to sell it. There was no will and no probate proceedings have been initiated. We are 2 brothers and 3 sisters, including the sister living in the house, and as far as I know, my deceased father is the only... View More
answered on Feb 24, 2025
If your father was the only individual on the deed, then the home sale must go through probate. The probate process is designed to safeguard heirs such as yourself in this situation, where you can demand accounting, or object to your sister serving as the administrator. I recommend consulting... View More
My sister has been living in our deceased father's house for 10 years, and she now wants to sell it. There was no will and no probate proceedings have been initiated. We are 2 brothers and 3 sisters, including the sister living in the house, and as far as I know, my deceased father is the only... View More
answered on Feb 24, 2025
If your sister was not a joint tenant with right of survivorship with your father, she cannot sell the property unilaterally. If the deed was in your father's name only, the administrator of your father's estate is the only person with authority to sell the property. Your first step in... View More
I've given temporary custody of my children to a family member due to my arrest, through a court order and my voluntary agreement. However, now they refuse to allow me any contact with my children due to their own malicious intent. They have threatened me with a TPO, though a previous TPO was... View More
answered on Mar 3, 2025
If the person who has your children has temporary guardianship then you can file to terminate that guardianship. If they have custody you can file for a modification of custody. But you can always take that person back to court to get custody of your children back. Or if you just want visitation... View More
I had a baby at 15 and experienced extreme verbal abuse from my parents during the pregnancy, which led to severe depression. There was also one instance where the abuse became physical. I am considering emancipation and currently have support from my baby's father's mom. I'm seeking... View More
answered on Feb 21, 2025
The best thing to do is have a few consults with some family lawyers to learn about the emancipation process in detail. It would appear you have the basic facts/justification, now it is about presenting that to the correct forum.
You may even find a charitable group to assist you, as many... View More
I am going through a divorce and need help understanding how our assets and debts might be divided. We have a home valued at $250K with an outstanding mortgage, and my spouse has a $20K credit card debt that I have never used. Additionally, there is a $7K debt on a credit card in my name, which he... View More
answered on Mar 3, 2025
No one can tell you how the assets and debts will be distributed because that depends on a lot of factors and information we do not have here. If neither party wants the home the court will order that the house will be sold. Any liens and outstanding mortgage will then be paid by the proceeds of... View More
I have joint custody with my daughter's father in Georgia, but I am the custodial parent. My daughter was not in the car when his girlfriend, who drove his police car while intoxicated, was arrested for DUI and open container violation with her daughter in the car. My daughter has told me that... View More
answered on Feb 19, 2025
You have every right to be concerned and I advise you take action as this relates to health and safety. You need to reach out to your family lawyer and craft a plan to address and ensure the child is not being cared for in a negligent manner, as the DUI shows is happening.
It is routine... View More
I have joint custody with my daughter's father in Georgia, but I am the custodial parent. My daughter was not in the car when his girlfriend, who drove his police car while intoxicated, was arrested for DUI and open container violation with her daughter in the car. My daughter has told me that... View More
answered on Mar 3, 2025
If you do not have a court order that addresses your child being driven by the father's spouse, then the only thing you can do to prevent that from happening is go back to court to have the court address that issue. The court can order that the spouse not be able to drive your minor child,... View More
My mother passed away in Georgia without a will, and I am trying to obtain the balance of her 401k. Fidelity has informed me that I may be a beneficiary, but they are not being forthcoming with information, even though I have provided everything they requested. No probate proceedings have been... View More
answered on Feb 19, 2025
If your mother named you as a beneficiary of the 401k, the balance of the 401k is not a probate asset, and probate will not be necessary. You will just need to be persistent with Fidelity. If there were no beneficiaries named on the 401k, the 401k is a probate asset, and probate will be necessary.... View More
I am involved in a legal case, and a Florida court has mailed a subpoena to a witness in Georgia to compel their appearance in court. The witness is reluctant to testify, and this subpoena is for a court appearance. Can the Florida court enforce this subpoena in Georgia, or are there specific... View More
answered on Feb 17, 2025
This issue is governed by the Uniform Interstate Depositions and Discovery Act since both Florida and Georgia adopted the law. Please see OCGA §§ 24-13-110 — 24-13-116 and follow it accordingly in order to have Georgia witness appear in court.
I have been living and residing on a property for 22 years, during which I've consistently paid the property taxes every year. I have all the tax receipts to prove this, and no one has come forward to claim ownership. Over the years, we have made many improvements to the property. I would like... View More
answered on Feb 14, 2025
You would have to file an adverse possession lawsuit. You would need to show that your possession of the property was adverse, notorious, open, continuous, hostile, and exclusive. Any permissive use of the property in the past by the actual owner would undermine your claim. Adverse possession... View More
I am still in love with my husband but his infidelity has caused us to move forward in separation and divorce, his mistress have been recording mine and my husbands conversations and she is helping him to build a case against me. There is nothing that I did to end this marriage except for not... View More
answered on Mar 3, 2025
Before a court will award you the marital residence they will consider if you can afford the mortgage, if there is a mortgage or a loan on the home, and if there is no mortgage, they will consider all relevant factors to determine whether to award you the residence, including the length of the... View More
We agreed on $250 per month which unfortunately he only paid once since our separation and before the worksheet was completed. the worksheet states $508 monthly by his gross income. He does not agree with that so refuses to sign the parenting plan, motion for judgment and the child support... View More
answered on Mar 3, 2025
I'm unsure what you are actually doing because you're talking about filing for child support but you submitted this question under divorce. If you are actually getting a divorce, then child support will be finalized in your divorce. You could also ask for child support on a temporary... View More
answered on Feb 7, 2025
You need to reach out to the GCIC department over at the GBI and get them to correct the inaccuracies. https://gbi.georgia.gov/georgia-crime-information-center
Erroneous information will cause major headaches for the rest of your life as Authorities basically "trust" the GCIC... View More
Family member is having severe pains, unable to use the bathroom properly and he has reached out for help but no help.
answered on Feb 7, 2025
The BEST thing you can do is advocate with the prison as well as the GA DOC and your local elected representatives until you get a response. BE SURE to record as much as possible and communicate in WRITING. The Prison has duties and they sadly only fulfull them when there is a record showing how... View More
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