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Georgia Real Estate Law Questions & Answers
1 Answer | Asked in Estate Planning, Real Estate Law and Adoption for Georgia on
Q: What's rights do an adopted child have when inheriting property after the adopting parent passes away?
Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Apr 12, 2022

If a child is legally adopted in Georgia, he or she will have rights to inherit from their parents the same as any child who is the biological child.

1 Answer | Asked in Real Estate Law for Georgia on
Q: Can I sell my home if I have federal and state tax leins more than the proceeds from the sell?

Plan on using the money to pay down the leins, but who gets paid first? State or IRS?

Anthony M. Avery
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Anthony M. Avery
answered on Apr 5, 2022

That would not be a smart move unless the revenue officers are levying on other property such as bank accounts. You would be better off hiring a GA attorney to explain the applicable SOL's after a title search. Then make a decision on any type of conveyances subject to the liens.

1 Answer | Asked in Real Estate Law, Estate Planning and Family Law for Georgia on
Q: Is the transfer of property after death, without a will, automatic for couple living in separate maintenance?

If, in the separate maintenance agreement, one side kept the co-owned home and renamed in their name only while the other bought their own home with the decree settlement, do both properties automatically transfer to the surviving spouse if there is no will? In other words, can one spouse move... Read more »

Elizabeth Cruz Noellien
Elizabeth Cruz Noellien
answered on Mar 11, 2022

If your name was not on the property, then then the estate will have to be probated in Probate Court and the property will be distributed to his heirs. As a spouse you are considered an heir, however, you will need to look at your separate maintenance agreement as to whether you gave up your rights... Read more »

1 Answer | Asked in Real Estate Law for Georgia on
Q: I want to amend my property line. I spoke with neighbor, we agreed on price. I had it surveyed. Can we do a quit claim?
Anthony M. Avery
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Anthony M. Avery
answered on Mar 8, 2022

Hire a competent GA attorney to draft and record a Boundary Line Agreement. Mutual Quit Claims to the other for property on the other side of the surveyed boundary is what it mainly entails. But you still need to describe the Beginning Point and ending corner, so you need a good lawyer that can... Read more »

1 Answer | Asked in Consumer Law, Family Law, Real Estate Law and Child Support for Georgia on
Q: I need to have a lien filed for child support arrears balance exceeding $25k in Cobb County.

Need help finding an attorney that can help get a lien filed against non-custodial parent real estate property in Cobb county, ga. I’m

Homer P Jordan IV
Homer P Jordan IV
answered on Mar 3, 2022

Have you reached out to any Cobb County attorneys to see if they can help you with your case? Start there and have a consultation.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Georgia on
Q: Georgia resident died with a will but a property in France was not included in will. Which law applies to this property?

US citizen (Georgia resident at time of death) had a land in France. He had a will but that specific property was not included in Will. What inheritance law applies to this property? Georgia law or French law? I would appreciate if you quote the georgia law section that mentions that.

Many Thanks

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 3, 2022

The Residuary Clause of the Will includes non-devised real property. So the Residuary Beneficary owns the land. You will have to hire a French attorney to cure title there, but I am sure a certified copy of the Probated Will is necessary for ancillary administration.

1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: My mother died 1-17-2022. I've got a petition in probate. I'm the only child. My mother never married. My judgment is

Is set 3-02-2022. My mother boyfriend won't leave. What do I need to do

Anthony M. Avery
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Anthony M. Avery
answered on Mar 2, 2022

After you are granted Letters of Administration, hire an attorney to prosecute the eviction process.

1 Answer | Asked in Real Estate Law for Georgia on
Q: If I already owned the property and my lawyer tricked me into signing a Petition For Grant Of Private Way?

Does a Petitioner Brief In Support Petition For Grant Of Private Way need to be filed first to receive the Petition For Grant Of Private Way?

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Mar 2, 2022

Not necessarily. Prior to a lawsuit being filed, the parties to a dispute, need, controversy, etc. may enter into land agreement(s) which will resolve the dispute, need, controversy, etc. If the agreement is good for both sides, it can save them a great deal of money by not having to litigate the... Read more »

1 Answer | Asked in Real Estate Law for Georgia on
Q: What kind of lawyer do I need for a forged property Deed ?

This property is in McDuffie County. My grandparents land . Okay This land was let to the family . So I received a letter from a lawyer asking me to sigh so the property can be given to my Auntie’s daughter . My Auntie has been paying the taxes since my grandparents passed . Now she has passed... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Feb 23, 2022

Hire a competent GA attorney that practices real property litigation.

1 Answer | Asked in Divorce, Estate Planning and Real Estate Law for Georgia on
Q: Where do I find and check official sources?
Homer P Jordan IV
Homer P Jordan IV
answered on Feb 23, 2022

Are you referring to ensuring lawyers are legal to practice in the state? You can call the state bar to make an inquiry regarding that. They will also tell you if there are complaints against an attorney.

1 Answer | Asked in Mergers & Acquisitions and Real Estate Law for Georgia on
Q: Will a quick claim deed with no language stating that a merger would not taking place cancel a deed to secure debt ?

I had the deed to secure debt due to a loan with property owner

two years later due to ongoing financial help half interest in the deed was quick deeded into my name The property has foreclosed and the homeowners accosiation is vying for a portion of the excess funds and there position is... Read more »

Glenn M. Lyon
Glenn M. Lyon
answered on Feb 9, 2022

I don't follow your posting and the situation is likely too complicated for an online forum like this anyway. You should retain a local real estate attorney to advise you. And just FYI, it is called a "quit claim deed."

1 Answer | Asked in Real Estate Law for Georgia on
Q: Buyer of mobile home has not removed it from my land as agreed. Sold for 20K and superior court says they can't help.

I have texts saying when the trailer should have been moved, the buyer will not respond. I advised the person in early Dec that Jan 17th was deadline and that I would not close if she could not move the home, she said it would be gone ..its Feb 1 and there are still no efforts to remove it. I... Read more »

Michael D. Birchmore
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Michael D. Birchmore
answered on Feb 4, 2022

You state that you spoke with the Superior Court Clerk to learn what to do. By GA law, no person other than an attorney licensed to practice las in GA may answer that question. Under law, if the Clerk had rendered an opinion, she/he could be charged with a crime. You should now direct your... Read more »

1 Answer | Asked in Real Estate Law for Georgia on
Q: I am not on the mortgage contract but I have been paying it for the past 8 years. Will I be reimbursed?
Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Jan 31, 2022

What?! You will need to provide much more information before we can address your situation. We cannot even begin to formulate an opinion about the situation with such scant information.

1 Answer | Asked in Real Estate Law for Georgia on
Q: Trying to take my name off a home that my ex wife was supposed to refinance and do years ago. Deed is in her name.
Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Jan 27, 2022

PLEASE NOTE THAT I AM A GEORGIA ATTORNEY. THIS RESPONSE ADDRESSES THE ISSUE ONLY IN THE CONTEXT OF GEORGIA LAW. IF THE ISSUE INVOLVES LAW FROM OTHER STATES, PLEASE CONTACT AN ATTORNEY IN THAT SPECIFIC STATE. Okay. First, unless your name is actually on the deed you won't need to do... Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for Georgia on
Q: Is it illegal to serve process on a 15 year old?
Cory D. Raines
Cory D. Raines
answered on Jan 23, 2022

Although it is not a crime to serve process on a minor, doing so likely goes against the procedures outlined in the Georgia's Civil Practice Act. Depending on the set of circumstances involved in the case will determine what procedure needs to be followed. If the lawsuit is against a minor,... Read more »

1 Answer | Asked in Real Estate Law for Georgia on
Q: I have 3 sisters if my mother passes her house was left to the 3 of us but my one sister signed her half over to me.

Does this mean that I have more say over what we do with the house then my other sister

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 20, 2022

No you are still a Tenant In Common with the other owners.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Georgia on
Q: I hired a management company but fired them. I sold the house shortly there after. Now they want 3% commission

they did not market the house nor did they locate the tenant. I did not sell the house to the tenant or anyone related to the tenant but to an investment company. Are they entitled to this commission payment? Area of question is Atlanta GA

Glenn M. Lyon
Glenn M. Lyon
answered on Jan 18, 2022

It depends on the terms of the agreement with the management company. Sometimes the agreement will state that they still earn a commission if the house sells within a certain time even if the agreement has been terminated. Have an attorney review the terms and advise of your options.

1 Answer | Asked in Real Estate Law for Georgia on
Q: Our HOA wants to vote assuring no property can be used as a long term rental. Do we have to legally amend the covenants?

There have historically been rentals but the last rental is on the market and the person who has it under contract is asking if they can continue renting it out. We, as an HOA, would like to end the rental option due to past experiences. Is this legal? We can vote as an HOA (only 25 homes) next... Read more »

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Jan 12, 2022

Good question. In the law, there will typically be more than one right answer. However, there will always be a "best" answer too. Real property law has many moving parts - especially when addressing covenants. As there is too much to discuss here in this forum, please accept my answer... Read more »

2 Answers | Asked in Family Law, Real Estate Law and Probate for Georgia on
Q: What can I do to make my sisters pay me my portion of our deceased fathers home ?

my father committed suicide and my two sisters and myself are all three equally inherited the house and are on the deed but my sister refuses to give my third one of the property and she was renting it out but now she has moved into herself full time ... and at first just blowed me off and now... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 5, 2022

You will probably have to hire a competent GA attorney to file an action for a Sale For Partition.

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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Georgia on
Q: Do subdivision covenants and restrictions expire in a county with no zoning laws.

We are in Union county, outside the city limits of Blairsville. The subdivision covenants and restrictions were created 12/27/1990. There are 9 lots in the subdivision. 4 of which have homes on them. 3 lots just sold and are getting ready to be built on. One of the new owners claim the covenants... Read more »

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Jan 4, 2022

Your questions will be answered by through review(s) of the property's title chain(s). I suggest you call Cary Cox or the Davenport Firm or David Barrett to meet with as they are all familiar with these issues.

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