It depends on whether the bequest was given in the will per stirpes or per capita. If per stirpes, the gift flows to the lineal descendants of the beneficiary - children, grand children, great grandchildren, etc. If there are no lineal descendants, the bequest goes to the residuary beneficiary in... View More

Yes, as of July of 2024, transfer on death deeds are legal and enforceable in the state of Georgia. The transferee does not become an owner of the property until the death of the transferor. The transferee is required to file an affidavit within 9 months of the death of the transferor. If no... View More

In all states, the person who the order subjects to restrictions must abide by the order until the order is changed or dismissed by a Court. The petitioner has NO RIGHT or ability to amend, suspend, cancel or dismiss a Court Order, only Courts can do that.

The change in circumstance is... View More

There are two kinds of subpoenas: (1) a witness subpoena and (2) a subpoena for the production of evidence. Since your question pertains to a private company, I assume you intend to subpoena documents (i.e., evidence). In any case, the subpoena statutes may be found from OCGA 24-13-20 to OCGA... View More

You need to get a second opinion from a local criminal lawyer as generally you can move to amend or clarify sentences on a motion, but no guarantees. Failure to use all your remedies is an appellate issue and can be ineffective assistance of counsel, but there is a lot of strategy at play the... View More

In short, yes. Generally sentencing happens AT PLEA in GA, so I am a bit confused by your situation, and talking with the Public Defender or a private lawyer is a good idea as that sounds strange.

BY law, you have the right to move for a withdrawal of your plea within the current term of... View More

Misdemeanors are generally not subject to interstate extradition, although they can result in other impacts such as on your driving record.

If the charge is IN Georgia, the locals will generally arrest and hold the person with the warrant and make them available to the jurisdiction with... View More

Get with the program coordinator, DOCUMENT YOUR EFFORTS IN WRITING, and stay compliant with EVERYTHING possible outside the money. Courts do not like incarcerating folks for legitimate financial hardships (theoretically illegal) and while it may get bumpy, you should be in good shape. Try to pay... View More

Act fast and try to nip this one in the bud!

Mistaken identity arrests DO happen, and your friend will want to talk with a criminal defense attorney with experience in Civil Rights to ensure that the case gets dismissed AND any/all issues are preserved if there is any kind of claim against... View More

A Georgia attorney could advise best, but your question remains open for two weeks. As a GENERAL PRACTICE nationwide, if the delay was due to awaiting things from patient - providing signature on an assignment of benefit, providing insurance info, patient agreed to valid lien, etc., it's on... View More

If your intent was to sell the property, it would be fraudulent to sell it again. On the other hand, if the legal formalities of transferring the property were not met, the transfer would not be effective, in which case you could sell the property again. If you attempt to sell it again, you run the... View More

This statute (O.C.G. A. § 33-24-41.1) addressed instances when there are two insurance policies which apply to the same claim. It allows for a claimant (i.e., the injured person who is asserting the claim) to recover the policy limits from the primary policy and then pursue a second policy. The... View More

R. Blake Morton Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 5, 2024

In Georgia, if a Defendant enter a blind plea, that is a plea that is not based on a recommendation from the State, then the Defendant has no right to withdraw their plea if they are given a sentence that they are unhappy with. When you plea under a negotiated plea, one with a recommendation, if... View More

That depends on any language in a previous order pertaining to when medical bills needed to be sent in order to be paid. if there is a deadline within which the custodial parent has to notify you of said bill and that deadline passed, then the Court may determine you do not have to pay your... View More

Regina Irene Edwards Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 5, 2024

A decree doesn't always "end" on a child's 18th birthday, and definitely does not if the child is still in high school. If the bills were incurred while your child was a minor or in high school, you may still owe. Consult with an attorney who can review your decree and give you specific advice.

In Georgia, introducing a prenup as evidence to a probated will isn't automatically a contest.

Will contest: Formal challenge to will validity (e.g., lack of capacity, undue influence)

Objection: Less formal concern about specific provisions of a will or administration... View More

An objection to a will is known as a caveat. A prenuptial agreement, which is a contract between two parties, may affect the assets that are included in the estate. If there are items in the prenuptial agreement that should not be included in the estate, the rightful owner will need to file a... View More

Indemnification clauses (also known as hold harmless agreements) are standard in every release signed by a personal injury claimant. In fact, it would be shocking if the insurance company failed to include such a clause in the release.

In terms of of the court action, I assume you are... View More

Custody pertains to children in a divorce. If you want to be awarded your current residence in your divorce you would have to petition the court for that and other relief. Also, you would have to be able to afford any current mortgage on said residence, unless it is fully paid for at that time.... View More

No, a court does not allow a father to terminate a child support order because he does not see the child. If you want visitation you will have to file the proper action and seek those rights. You could be paying child support for 18 years and never see the child. You will need to take the mother... View More