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Georgia Questions & Answers
1 Answer | Asked in Real Estate Law for Georgia on
Q: My mom passed away and had a will done in Ga but the Notery signed on the witness line as well. Is it a legal will?,

My son got his hands on the property will and won't hand it over to me

Jennifer Pierce
Jennifer Pierce
answered on Aug 9, 2024

Georgia law requires a will to be witnessed by 2 people who are competent to do so. It does not require notarization. If the will does not have the correct amount of witnesses, the probate court may deem the will to be invalid.

1 Answer | Asked in Real Estate Law for Georgia on
Q: a mortgage lender worker said I wasn't on the deed but I'm on the recorded deed at the courthouse how is this possible

I been paying on the mortgage not knowing I was a co owner joint tenant with rights or survivorship I never signed for a mortgage or spoke to anyone I need help I cant get my son in school if I don't have the title but I'm a co owner

Jennifer Pierce
Jennifer Pierce
answered on Aug 9, 2024

It is unclear from your post if the mortgage lender was referring to you not being on the mortgage or not being an owner of the property. There are 2 different kinds of deeds they could have been referring to - the Security Deed, which is the mortgage document, and the deed which conveyed... View More

2 Answers | Asked in Real Estate Law and Foreclosure for Georgia on
Q: Can a home in GA be foreclosed and sold without the homeowner given notice?

My home was foreclosed and sold and I never received a letter notifying me of the sale. The lady I spoke with from the attorney's office told me that a signature wasn't required for the letter and sent a receipt showing certified mail. The lady I spoke with at the post office said that... View More

James Clifton
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James Clifton
answered on Sep 2, 2024

Unfortunately, receipt of the notice is not required by law. As long as the foreclosure attorney has proof that the notice was sent by certified mail that is legally sufficient. Even if that is the case, you may be entitled to surplus money from the foreclosure auction, and you may also be able to... View More

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2 Answers | Asked in Real Estate Law and Foreclosure for Georgia on
Q: Can a home in GA be foreclosed and sold without the homeowner given notice?

My home was foreclosed and sold and I never received a letter notifying me of the sale. The lady I spoke with from the attorney's office told me that a signature wasn't required for the letter and sent a receipt showing certified mail. The lady I spoke with at the post office said that... View More

Jennifer Pierce
Jennifer Pierce
answered on Aug 9, 2024

The foreclosure notice must be sent by certified or registered mail or overnight delivery with return receipt requested. As long as the notice was mailed in the proper manner to the appropriate party(ies) at the correct address, the lender does not need to prove the notice was actually received.... View More

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2 Answers | Asked in Bankruptcy for Georgia on
Q: I am over $100,000 in debt interested in filing for bankruptcy which is the best way to go about it?
John Spalding
John Spalding
answered on Aug 7, 2024

With that kind of debt, it's a good idea to reach out to a local bankruptcy attorney to determine what and cannot be discharged and which chapter is appropriate. Not all debts are equal. For instance, priority debts like taxes are treated differently than unsecured debts. There's a lot to... View More

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1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: It’s my ex-husbands weekend for our son. He thinks I need to find childcare on his weekend. Is this true ?

He gets our son from Friday night - Monday morning . I have him Monday - Friday morning . He called me Saturday saying I needed to come pick him up and I explained I had plans for my daughter’s birthday. He’s saying I have to watch him because I’m his mother. I get I’m his mother but I... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Aug 5, 2024

If he does not appear to exercise his visitation you cannot force him. Therefore, it is likely you will have to keep the child. I would review your court order. This forum is for questions regarding people who haven't been to court and don't know how to address an issue, not those who... View More

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Child visitation states the father gets 2 days a week for visitation on his days off from work. To start at stop at scho

Ol dismissal or 3 pm shall school not be in session. Does that mean 3 pm on first day he gets them and returns them 3 pm the second day?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Aug 5, 2024

We cannot see the actual wording of your document so we cannot answer your questions about what it means. I would suggest consulting your previous attorney or if you represented yourself, a new attorney who can review the document and advise you properly.

1 Answer | Asked in Child Support and Family Law for Georgia on
Q: I have just been sent a letter that a child support request has been sent by my child's mother. The only major expense m

I have just been sent a letter that a child support request has been sent by my child's mother. The only major expense my 2yr old has is daycare and I have paid for that alone for 2 years without any assistance from the mom. We split the week as far as watching the child. I have Tuesday... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 25, 2024

Hire a lawyer. You may think the only major expense is daycare, but taking care of a child is a daily expense. And it sounds like you probably haven't legitimized so any visitation you have is being given to you by the mother. With their being no court order for your visitation, the court... View More

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Hi I'm a resident of ga my ex we were never married is suing for custody of our kid. They reside with me he recently mo

Moved to Texas hr filed in ga I'm considering moving to fl would it be more advantages to remain on ga

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 25, 2024

I'm sure a standing order went into effect when the case was filed that would prohibit you from moving the children out of the jurisdiction while the case is pending. You can move to FL but likely cannot take the children with you. Hire an attorney.

1 Answer | Asked in Family Law for Georgia on
Q: My ex wife & I agree to create a doc, sign and notarize it will it be a valid document in the state of GA?

When it comes to the children we are trying to avoid going back to court in front of a judge

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 25, 2024

No, a document you sign, even in front of a notary, is not binding and is not the same as a court order. If one of you decides not to follow the document anymore its not enforceable and there's nothing the other person can do without going back to court.

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Can both parties reject a GAL even though it’s court order we have come to an agreement on our own

The father of my children and I couldn’t come to custody agreement so the judge decided to have a Guardian ad litem appointed but the father and I have finally come to an agreement on our own

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 25, 2024

It is highly unlikely the Court is now going to disregard the GAL, even though an agreement has been reached. The Court is likely going to consider the GAL's findings and recommendation as well as any agreement you all have now reached and determine what the final order is going to be. They... View More

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: My lawyer I hired gave her all the money to do my divorce. She never did anything no paperwork no divorce what to do now

I paid her in full . She said my money is gone go pay another lawyer I don't have the money my soon to be ex is abusive. He took my kids and won't give them back

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 25, 2024

You should take a look at the contract or agreement you signed with your attorney. Because we do not know if it was a flat rate you paid and if so, what was included in that flat rate. And if it was not a flat rate and you had a retainer fee, what the terms of that retainer fee were, for example,... View More

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: Medical bill after divorce

"So my question is, I have a 6-year-old boy, and my ex-wife has full custody of him. I do have visitation rights, but according to the court order, I am responsible for the medical bills that are not covered by insurance. I do not have any insurance. I lost my job 3 months ago, and I am... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 25, 2024

You must follow the court order until another order modifies it, regardless of your financial situation. If you can no longer afford what you have been ordered to pay, you should file for a modification. Now you can't pay what you don't have, but you could be found in contempt if you... View More

2 Answers | Asked in Intellectual Property and Trademark for Georgia on
Q: Is "Turbo Shine" still trade marked?
Bao Tran
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Bao Tran
answered on Jul 25, 2024

here are some steps you can take to verify the trademark status:

Steps to Verify Trademark Status

Search the USPTO Database: Visit the United States Patent and Trademark Office (USPTO) website and use their Trademark Electronic Search System (TESS) to search for "Turbo...
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2 Answers | Asked in Intellectual Property and Trademark for Georgia on
Q: Is "Turbo Shine" still trade marked?
James L. Arrasmith
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answered on Jul 21, 2024

For the most accurate and up-to-date information, entering the specific trademark serial number or registration number related to "Turbo Shine" will yield the best results. If you have further questions or need assistance, the USPTO's Trademark Assistance Center can provide support.

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1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: The Paul Erlinger vs the United States case involving Armed Career Criminals case , How does it help a person in prison

And is it retroactive for inmates in prison right now?

James L. Arrasmith
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answered on Jul 21, 2024

The Paul Erlinger vs. the United States case is significant for inmates because it addresses the application of the Armed Career Criminal Act (ACCA). If the court rules in favor of Erlinger, it could mean a re-evaluation of what qualifies as a prior violent felony under the ACCA. This might reduce... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Georgia on
Q: the police came in my house said he had a serch warrant i never saw i went to the clerk she said none on file can i su

can i do something about also the DAHas false statements on my crimenal back ground

James L. Arrasmith
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answered on Jul 21, 2024

If the police entered your house without showing a search warrant, you may have grounds to challenge the legality of their actions. Start by documenting everything that happened, including the names of the officers, the date, and the time of the incident. Visit the clerk’s office again to confirm... View More

1 Answer | Asked in Constitutional Law for Georgia on
Q: How do I get a lawyer to file a lawsuit against police that will take my case and get paid when we win?
James L. Arrasmith
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answered on Jul 21, 2024

To find a lawyer who will take your case against the police and get paid only if you win, start by looking for attorneys who work on a contingency fee basis. These lawyers don't charge upfront fees but take a percentage of the settlement or award if you win the case. This arrangement is common... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Georgia on
Q: I need to file a lawsuit against a police officer for illegal search and seisure

He came in my door didn't knock had his gun pointed at me ànd told me to put my hands behind my back so I did he said he had a search warrant but I never saw one so when I got out of jail i. Went to the clerk of court and ask for a copy of it she said there were none on file

James L. Arrasmith
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answered on Jul 21, 2024

You have the right to seek legal action against the police officer for an illegal search and seizure. If the officer did not present a search warrant, and the clerk of court confirmed there is no record of one, this could indicate a violation of your Fourth Amendment rights. Document every detail... View More

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: What steps should I take if my landlord changes the locks and removes my property from a residence with no eviction
Kent Bailey
Kent Bailey
answered on Jul 13, 2024

What you are describing is a "Self Help" eviction. These are illegal in Georgia. You have a legally actionable cause of action. I would retain an attorney immediately.

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