Georgia Real Estate Law Questions & Answers
Q: My step dad's mother died, and he is severely depressed. My mom needs to know her rights as his spouse?
Kim Ebert's answer
Your question is vague as to what real estate you're asking about.... his deceased mother's or real property your step-father and mother own jointly or separately. A competent attorney can answer your questions. Have all the pertinent facts readily available for the consultation.
Your question is vague as to what real estate you're asking about.... his deceased mother's or real property your step-father and mother own jointly or separately. A competent attorney can answer your questions. Have all the pertinent facts readily available for the consultation.
Q: What steps to take,my husband(soul provider & only income) gets me & our kids evicted,then leaves the home with mone
3 Answers
| Asked
in
Family Law, Real Estate Law, Domestic Violence and Landlord - Tenant
for
Georgia
on
Answered on Jan 28, 2019
Answered on Jan 28, 2019
Regina Irene Edwards' answer
You need to file for divorce and ask for emergency financial support. You may or may not be able to delay the eviction. You will need to talk to a landlord tenant attorney about that.
You need to file for divorce and ask for emergency financial support. You may or may not be able to delay the eviction. You will need to talk to a landlord tenant attorney about that.
Q: The best way to leave my daughter and not my wife my home without adding my daughter to the deed if my wife is on deed
Robert W. Hughes Jr.'s answer
Your situation is not unusual, but is certainly a sticky wicket. There are three ways to accomplish your goal.
1. Draft a will leaving a life estate to your wife with the remainder to your daughter. This creates possible accounting night mares if the will is not properly drafted. However, it will be effective for leaving the house to your daughter.
2. You can name you, your wife and your daughter as joint tenants with rights of survivorship. I assume your daughter will outlive...
Your situation is not unusual, but is certainly a sticky wicket. There are three ways to accomplish your goal.
1. Draft a will leaving a life estate to your wife with the remainder to your daughter. This creates possible accounting night mares if the will is not properly drafted. However, it will be effective for leaving the house to your daughter.
2. You can name you, your wife and your daughter as joint tenants with rights of survivorship. I assume your daughter will outlive...
Q: If my wife and I refinanced a home that she had prior to our marriage, is that now considered community property?
Regina Irene Edwards' answer
If you and your wife refinanced together during the marriage, it most likely is marital property.
If you and your wife refinanced together during the marriage, it most likely is marital property.
Q: Does the trustee has the right to take the land and house?
P. Justin Thrailkill's answer
You cannot simply remove him from the deed. He would have to execute a deed in order to do this. Even if he did, the bankruptcy trustee may see this as a fraudulent conveyance and come after it for that purpose. He doesn't have to contribute anything to the asset to own it, which he apparently did at one point. You need to consult with a bankruptcy attorney yourself to see what steps need to be taken to protect the house. Please note, your relationship with him is irrelevant and he did not...
You cannot simply remove him from the deed. He would have to execute a deed in order to do this. Even if he did, the bankruptcy trustee may see this as a fraudulent conveyance and come after it for that purpose. He doesn't have to contribute anything to the asset to own it, which he apparently did at one point. You need to consult with a bankruptcy attorney yourself to see what steps need to be taken to protect the house. Please note, your relationship with him is irrelevant and he did not...
Q: Only my husband's name is on the deed and mortgage to our house. He passed away. Am I responsible for repaying the loan?
Vincent Gallo's answer
Not personally, but if you do inherit the real estate you take subject to this mortgage.
Not personally, but if you do inherit the real estate you take subject to this mortgage.
Q: Is my daughter legally required to pay lot rent of the previous owner of a mobile home she just purchased?
Daliah Brill's answer
Did she sign an agreement to place her trailers on “rent to own” lot(s)? I’f so, what type of agreement did she sign?
Did she sign an agreement to place her trailers on “rent to own” lot(s)? I’f so, what type of agreement did she sign?
Q: i recieved a dispossessory proceding, how do i dispute this?
1 Answer
| Asked
in
Arbitration / Mediation Law and Real Estate Law
for
Georgia
on
Answered on Aug 3, 2018
Answered on Aug 3, 2018
Thomas A. Grossman's answer
I assume you mean you received "Notice" of a dispossessory proceeding. I have never heard of that. I must also assume that you must attend the proceeding if you want to fight it. Since you are in Georgia, and I live in Palm Springs, California, I can't comment on Georgia law. You should contact the Court where the proceeding is to be held to find out more information on it. I assume your father should be at the hearing and testify on your behalf, although this sounds like something that...
I assume you mean you received "Notice" of a dispossessory proceeding. I have never heard of that. I must also assume that you must attend the proceeding if you want to fight it. Since you are in Georgia, and I live in Palm Springs, California, I can't comment on Georgia law. You should contact the Court where the proceeding is to be held to find out more information on it. I assume your father should be at the hearing and testify on your behalf, although this sounds like something that...
Q: Per our divorce decree my ex wife was suppose to sell or refinance the home under her name.
Regina Irene Edwards' answer
You can file for contempt. Unless your divorce decree allows you to reclaim the home, then that remedy is not available. If the divorce does not mandate that she be removed from the title if she is in default, the judge cannot order that either. The judge cannot change the decree - just enforce what the original decree says.
You can file for contempt. Unless your divorce decree allows you to reclaim the home, then that remedy is not available. If the divorce does not mandate that she be removed from the title if she is in default, the judge cannot order that either. The judge cannot change the decree - just enforce what the original decree says.
Q: I assumed a mortgage loan from my mother's home in GA. She died intestate in 2012. What type of deed do I file?
Robert W. Hughes Jr.'s answer
You should prepare an Administrator's Deed transferring the home from your mother into your name. This assumes you have paid all debts of the estate and have paid all other heirs whatever their inheritance should be. Further, as temporary administrator, you have no authority to transfer real estate without specific approval form the probate court.
You should prepare an Administrator's Deed transferring the home from your mother into your name. This assumes you have paid all debts of the estate and have paid all other heirs whatever their inheritance should be. Further, as temporary administrator, you have no authority to transfer real estate without specific approval form the probate court.
Q: Do I have to pay back a government secured guarantee on a foreclosed house?
1 Answer
| Asked
in
Bankruptcy, Foreclosure and Real Estate Law
for
Georgia
on
Answered on Jul 4, 2018
Answered on Jul 4, 2018
Q: My ex-husband and I purchased a home that I lived in 2 years after our divorce. Home was in his name only but it was
2 Answers
| Asked
in
Divorce, Family Law, Real Estate Law and Tax Law
for
Georgia
on
Answered on Jul 2, 2018
Answered on Jul 2, 2018
Q: If I signed a quitclaim deed to my exspouse but my name is still on the mortgage can I resind the deed?
P. Justin Thrailkill's answer
You cannot modify property division at this point. Take your decree to an attorney and let them look at it to see if there is any way to accomplish what you are trying to do based on the language of the decree as written.
You cannot modify property division at this point. Take your decree to an attorney and let them look at it to see if there is any way to accomplish what you are trying to do based on the language of the decree as written.
Q: how do you answer this question if you have a misdeameanor?
David Edward Boyle's answer
You answer it truthfully. If the misdemeanor you were arrested for is not listed than you say no.
You answer it truthfully. If the misdemeanor you were arrested for is not listed than you say no.
Q: Is a no Information/False Information of name, address or birthdate considered fraud?
2 Answers
| Asked
in
Criminal Law, Real Estate Law, Civil Rights and Landlord - Tenant
for
Georgia
on
Answered on May 27, 2018
Answered on May 27, 2018
Gary Kollin's answer
Here are two sentences from an article found on the internet by googling the terms "fraud definition legal."
I am also providing you the link. This is not a definition according to Georgia statutory and case law.
"Fraud
A false representation of a matter of fact—whether by words or by conduct, by false or misleading allegations, or by concealment of what should have been disclosed—that deceives and is intended to deceive another so that the individual will act upon...
Here are two sentences from an article found on the internet by googling the terms "fraud definition legal."
I am also providing you the link. This is not a definition according to Georgia statutory and case law.
"Fraud
A false representation of a matter of fact—whether by words or by conduct, by false or misleading allegations, or by concealment of what should have been disclosed—that deceives and is intended to deceive another so that the individual will act upon...
Q: Do I need an Attorney
John W. Chambers Jr's answer
I suggest that you consult with a real estate attorney. You should obtain insurance on the property, and this usually is obtained through the closing attorney. Unless the closing attorney represents you, you might be well served by retaining a real estate attorney to represent you. This response does not constitute legal advice and does not establish an attorney client relationship between us.
I suggest that you consult with a real estate attorney. You should obtain insurance on the property, and this usually is obtained through the closing attorney. Unless the closing attorney represents you, you might be well served by retaining a real estate attorney to represent you. This response does not constitute legal advice and does not establish an attorney client relationship between us.
Q: What do we do when my husband's name is on his mother's deed?
Ben F Meek III's answer
I understand your situation to be this: Your husband and his late mother are the Grantees in the Deed to the property you both live in. If your husband and his mother are shown on the Deed as owning the property as "Joint Tenants with Right of Survivorship" or closely similar language, all your husband may need to do is complete and record an Affidavit of Termination of Joint Tenancy or whatever the state calls their version of such a document. In it, the surviving Joint Tenant swears under...
I understand your situation to be this: Your husband and his late mother are the Grantees in the Deed to the property you both live in. If your husband and his mother are shown on the Deed as owning the property as "Joint Tenants with Right of Survivorship" or closely similar language, all your husband may need to do is complete and record an Affidavit of Termination of Joint Tenancy or whatever the state calls their version of such a document. In it, the surviving Joint Tenant swears under...
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
