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Georgia Real Estate Law Questions & Answers

1 Answer | Asked in Constitutional Law, Estate Planning and Real Estate Law for Georgia on

Q: My dad purched a house with inheritance for my grandmother that was left to him and his children. Can wife get house?

My grandma left money for grand kids and dad used it to but a house and land. Now that he has passed can wife just take the house?

Robert W. Hughes Jr. answered on Jul 15, 2019

I cannot answer the question without an answer to the following:

1. When you say left money for grand kids and Dad used it to buy a house, it is critical what the Will said that left the grand kids the money. If it simply leaves money to Dad for the benefit of children, that is one thing....
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1 Answer | Asked in Real Estate Law, Animal / Dog Law and Civil Litigation for Georgia on

Q: I live in an HOA Iam enduring harassment and nuisance behavior. My HOA won't help

This lady and her family bring her dogs to my home to do their business specifically in my yard even after I've asked them to stop.

Paula J. Mcgill answered on Jul 8, 2019

You can bring a civil action against her for nuisance and trespass.

If you haven't already done so, send a cease and desist letter or hire an attorney to do it. You can use that letter in court if she continues her behavior.

2 Answers | Asked in Family Law and Real Estate Law for Georgia on

Q: Can I sue my ex and his parents for money back on renovations and intimidating me into leaving his residence?

I broke my lease at my last apartment to live with my now ex. He purchased a home and wanted me to come live with him, so I did. I legally changed my address and everything. I paid for utilities and calculated over 3 grand spent since I moved in, on renovations and appliances. A lot of verbal... Read more »

Regina Irene Edwards answered on Jul 2, 2019

It doesn't sound like you had any contract regarding the money you chose to spend. You would have had to pay rent to live somewhere, so spending money on renovations while you were there is the same as paying rent.

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2 Answers | Asked in Military Law, Real Estate Law and Tax Law for Georgia on

Q: Military member selling house in GA but not a resident. Is there a way not to pay the 3% withholding tax 48-7-128.

We moved years ago due to military deployment and stationed to another Post. We do not pay GA state tax due to Texas resident.

Andrew M Steiger answered on Jun 20, 2019

That’s a good question. It sounds like the tax is an unconstitutional burden on interstate commerce because it unfairly discriminates against out of state taxpayers. It would seem fair if every owner of real GA property paid the tax because that’s where the property is. But to soak out of... Read more »

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1 Answer | Asked in Contracts and Real Estate Law for Georgia on

Q: Can I make a tenant leave if I need to get the water remediation company to rip up both bathrooms in the home? I'm in GA

Bruce Alexander Minnick answered on Jun 13, 2019

Probably--but not without agony--unless you agree to pay for some temporary shelter while the repairs are being made. Hiring some local person to keep an eye on thigs also makes sense--to landlords who have good tenants.

1 Answer | Asked in Family Law and Real Estate Law for Georgia on

Q: Can my cousin put me and my mother out today without a legal eviction notice?

My mother and I are staying in a family home, which use to belong to my grandmother, along with my aunt (cousin’s mother) and uncle . We found out after an argument that the home belongs to my cousin now and it has since 2005 per me going to the courthouse to acquire the deed for more... Read more »

Ellaretha Coleman answered on Jun 6, 2019

They can not force you to move without filing an action in court.

1 Answer | Asked in Real Estate Law and Probate for Georgia on

Q: I'm executor of my husband's will. I'm wanting to sell our home but not on mortgage & title. Do I probate will & title?

Robert W. Hughes Jr. answered on May 17, 2019

I'm not certain about your question. Since you are the executor of your husband's estate, I assume Letters Testamentary were issued to you. You are required to do whatever the will says do. If you are supposed to sell the home, then you simply sell the home. You do not need to be on the mortgage... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Landlord - Tenant for Georgia on

Q: I allowed a friend stay with my family for 6 months with the verbal understanding. She has left her belongings. Help

She has the key and alarm key fob for my home. Her belongings are taking up space. We have no written lease. She refuses to return phone calls or text messages. We have no way to communicate with her. How do we get her out of our home?

Bruce Alexander Minnick answered on May 1, 2019

Verbal understandings regarding anything to do with real property--including rent--are unenforceable; neither she nor you is bound by whatever was agreed. However, to protect yourself I would change all the locks and start legal eviction proceedings.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Georgia on

Q: I purchased a property that wasn’t on a condem list now they won’t to condemn it do I have the right to repair

Bruce Alexander Minnick answered on Apr 30, 2019

If you want to keep the property you had better contact the condemning authority and find out what you will have to do to bring the property back up to code, or whatever.

1 Answer | Asked in Foreclosure, Real Estate Law, Banking and Civil Litigation for Georgia on

Q: There's a fake a fake data descent deed conveying land to The Heirs at law my grandmother left me that land in her trust

Bruce Alexander Minnick answered on Apr 8, 2019

If what you say is true, you will have to hire a probate lawyer who also knows how to litigate.

1 Answer | Asked in Real Estate Law for Georgia on

Q: purchased a house and closing less than 30 days, just found termites and severe rot on beams under deck. who to call?

Inspector missed these items and they are glaring after moving in. Should we seek a lawyer?

Vincent Gallo answered on Mar 26, 2019

Only if you want to enforce the rights that you may have.

1 Answer | Asked in Contracts, Criminal Law and Real Estate Law for Georgia on

Q: If a builder sells us a new house can he use someone else's signature without telling us or noting it in the contract?

We bought a house from a builder, he used a different company name to get our businesses but after we signed a contract we found that wasn't the real name. He also signed someone else's name on the contact, apparently the real owners name not his on the contract without noting it when he signed... Read more »

David Edward Boyle answered on Feb 26, 2019

It depends if he is authorized by a power of attorney to sign for someone else. If the home sale went through without a problem, do you have any damages?

2 Answers | Asked in Family Law and Real Estate Law for Georgia on

Q: My step dad's mother died, and he is severely depressed. My mom needs to know her rights as his spouse?

In regards to real estate .

Kim Ebert answered on Feb 17, 2019

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.

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3 Answers | Asked in Family Law, Real Estate Law, Domestic Violence and Landlord - Tenant for Georgia on

Q: What steps to take,my husband(soul provider & only income) gets me & our kids evicted,then leaves the home with mone

My husband left me and the kids without money or any means to honor the eviction order. Taking me off the bank account and took all money. Married 9 yrs with 2 kids 1yr old and 8 yr old I’ve not worked the entire marriage due to my lupus. This is now the 9th time he’s left in one year. He... Read more »

Regina Irene Edwards answered on Jan 28, 2019

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.

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1 Answer | Asked in Estate Planning and Real Estate Law for Georgia on

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

My wife wants to be added to my deed. I want my daughter to have the home after I die. Currently the home is empty and I reside in my wife's house with her. I want to leave my house to my daughter, but my wife objects. I have a daughter and she has a daughter and there's disaccord within the... Read more »

Robert W. Hughes Jr. answered on Jan 2, 2019

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,...
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3 Answers | Asked in Real Estate Law and Divorce for Georgia on

Q: If my wife and I refinanced a home that she had prior to our marriage, is that now considered community property?

We have since moved into a much larger home that I financed on my own. The home in question is now a rental property.

Regina Irene Edwards answered on Dec 3, 2018

If you and your wife refinanced together during the marriage, it most likely is marital property.

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1 Answer | Asked in Real Estate Law for Georgia on

Q: Can I retrieve a deer that I wounded on my property and ran onto another property

Seth Meyerson answered on Nov 12, 2018

It depends.

4 Answers | Asked in Bankruptcy and Real Estate Law for Georgia on

Q: Does the trustee has the right to take the land and house?

My partner and I live together for 20 yrs and have 4 kids together. He has no job and income since 2002. I have been supporting his bills for 13 yrs. In 2014, I bought a land and built a house on it. I contributed 100% toward the purchase and added his name to the deed. After a year, I ended... Read more »

P. Justin Thrailkill answered on Oct 23, 2018

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... Read more »

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1 Answer | Asked in Real Estate Law for Georgia on

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 answered on Sep 9, 2018

Not personally, but if you do inherit the real estate you take subject to this mortgage.

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