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Georgia Real Estate Law Questions & Answers
1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Georgia on
Q: aunt dies inGeorgia with a will and husband passed 10 years before her without a will. KY land never, change to her.

The property deed half ownership is still in uncles name,(intestate )50% and split with two nephews. Aunt never transferred in her name, died, who inherits Uncles half?Aunt had a will, but again never change ownership. Help please do l need to probate her 1/3 rights? Or passes to the nephews upon... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Apr 4, 2020

If your aunt died in Georgia, you will need to open an estate in Georgia. You will then need to contact a KY lawyer to help with transferring the KY land. You may have to open your uncle's estate in the county where he died as well.

1 Answer | Asked in Criminal Law, Real Estate Law, Civil Rights and Federal Crimes for Georgia on
Q: Can my neighbor across the hall (7 ft between our front doors) use Ring to audio record me while I'm in my unit?

She originally had her Ring camera aimed directly at my door, blatantly filming me and my bf whenever we opened our door and recorded directly into my unit. Since my initial complaint she has redirected her video down the hall, however, it is still up, against our CC&Rs (Architectural Violations)... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Apr 4, 2020

From a cursory perspective, yes your neighbor would be violating Georgia’s eavesdropping statute, however more information is needed before a definitive answer can be provided. It is best to contact an attorney who can assist you with the specifics of your circumstances.

We are glad to...
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1 Answer | Asked in Consumer Law and Real Estate Law for Georgia on
Q: If I rented an apartment... Got approved...moved in... And 3 days later landlord said I have to leave without eviction

Background showed a felony.... Can they do that or will a judge have to order the eviction

Anitra Walker
Anitra Walker answered on Mar 30, 2020

You will need to closely review your lease to determine what type of notice is required by the landlord. If they provide the notice per the lease and you refuse to move then they will have to file a dispossessory action (eviction) in the county in which the property is located.

1 Answer | Asked in Personal Injury and Real Estate Law for Georgia on
Q: I have a private pond. What can I do to notify others and legally protect myself in the event a trespasser gets injured?
Tim Akpinar
Tim Akpinar answered on Mar 29, 2020

Legal measures could consist of checking existing insurance coverage, providing adequate notice in the way of warning signs, and checking local ordinances. Safety measures could consist of fencing (if feasible, based on size of pond), grill or cover (if pond is small enough), safety equipment such... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Georgia on
Q: Just found out my house was built across a property line some 30+ years ago. Owner of encroached land shows no concern.

I want to sell my house. Encroached land is my front yard (extensive improvements). Can I legally annex this 1/2 acre strip to sell my house?

Gregory Byrnes
Gregory Byrnes answered on Mar 26, 2020

You may have a claim for adverse possession: https://statelaws.findlaw.com/georgia-law/georgia-adverse-possession-laws.html

2 Answers | Asked in Estate Planning and Real Estate Law for Georgia on
Q: My Wife has life estate in a portion of the estate and wish to leave her life estate to me. What does she do

We have been paying the tax's for about three years as well.

Nina Whitehurst
Nina Whitehurst answered on Mar 25, 2020

The holder of a life estate cannot “leave” it to another person. When the life tenant dies the life estate ends.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Georgia on
Q: I'm 79 years old with A-Fib. My apartments are asking that I pay my April rent on line. Can I mail a check instead?

Office is closed for Corona Virus, however I have always walked my check into the office. Surely they could pick up mail weekly and process my check. Do not want to jeopardize my credit rating, but can't do online banking. Do I have the right to mail my check?

Homer P Jordan IV
Homer P Jordan IV answered on Mar 24, 2020

I would think you would be able to mail in the payment to the apartment office. Someone must be checking the mail there and it will get processed. Some people, such as yourself, don’t have online banking. Since you always pay it by check I think it would be okay if you mail it in this time.... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Georgia on
Q: What are a tenant's options for terminating a commercial lease or reducing rent during the Corona pandemic?

Hello,

We are small business owners. My wife and I operate a gift shop in Savannah with no employees. The building was recently purchased and our rent increased by 80% in February. We signed a 3 year lease. That lease does not have any option for termination by tenant.

In the last... Read more »

Gregory Byrnes
Gregory Byrnes answered on Mar 19, 2020

You should look at the terms of the lease. Provisions that may be helpful are "Force Majeure", condemnation, and casualty.

1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: What goes in order under O.C.G.A § 53-7-40 (2019) ?

1. Salary payable to Erma’s nurse-companion for a week prior to Erma’s death.

2. State inheritance tax due on a devise to Erma from her brother, who predeceased her.

3. Attorney’s fee payable to a lawyer who advised Erma during a real estate transaction.

4. Claim for... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Mar 5, 2020

It would be too difficult to give you specific advice on this issue. You are getting into the world of liability for making wrong decisions. You should hire a lawyer, take all of your documents in to the lawyer and let him give you great advice.

1 Answer | Asked in Real Estate Law and Foreclosure for Georgia on
Q: Can we foreclose on a house that we don’t fully own? We built expecting to be able to buy the adjacent land

This is in Alabama.....We built our house on some land that we were supposed to be buying. After a fall out with the in laws they won’t sell it. Our house is sitting 5ft over on their property. If we can’t get some form of agreement to buy a portion or an easement can we foreclose on the house?

Homer P Jordan IV
Homer P Jordan IV answered on Mar 5, 2020

Without knowing the facts of your case in detail it is difficult to provide you with direction. But anyone can choose to foreclose on a home. That doesn’t mean it won’t come result in repercussions though. -Homer P. Jordan IV, Esq. 404-620-1558

1 Answer | Asked in Civil Litigation and Real Estate Law for Georgia on
Q: I broke with my ex and we still rent a house together is he allowed to not let me back in the house even if im on lease

He currently pays all the rent and I pay utilities I plan to move the first week of March majority of my items and the rest by the end of March he is saying it is Georgia law that once I move my items out I’m not allowed in

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 23, 2020

If you are still on the lease, you have a right to remain in the home.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Real Estate Law for Georgia on
Q: I just purchased a house in Henry county GA and want to add my mom to my deed to get the Homestead tax exemption.

By doing a quitclaim deed to do this does this also give her rights to my house?

Vincent Gallo
Vincent Gallo answered on Feb 21, 2020

She becomes a co-owner.

3 Answers | Asked in Divorce, Family Law and Real Estate Law for Georgia on
Q: Is property acquired by right of survivorship considered marital property
Samantha A Holloway
Samantha A Holloway answered on Feb 11, 2020

It depends. A judge will look at how/when a property is acquired to determine If it is marital property. However certain actions taken after the property is acquired can make the property, or a portion of its value, into marital property. You should consult with a lawyer.

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1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Georgia on
Q: Can a landlord require me to purchase a whole year of renters insurnance mid-lease, when original lease didn't require?

My landlord is trying to make me sign an addendum to agree to get renter's insurance, for a full year, and my lease started in August, with no mention that renters is required, it strictly states that "renter's insurance is not mandatory, but we do encourage you to obtain it to cover your personal... Read more »

Paula J. Mcgill
Paula J. Mcgill answered on Feb 5, 2020

If the lease did not originally required it, the next section you have to look at are amendments and notice. Is there a section in your lease that allows the landlord to amend the lease with notice. If not, than I don't see how he can do it. However, you may want to take the lease to an attorney... Read more »

1 Answer | Asked in Civil Rights and Real Estate Law for Georgia on
Q: My roommate died and was the owner of the house my lease isn't up until next month. Can I stay until then?
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 31, 2020

A review of the lease is necessary before an accurate answer can be provided. In most cases, a new owner does not have to honor the former lease. However, there are tenant rights that must be afforded to you. For these reasons, it is best to contact an attorney.

We are glad to assist you....
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1 Answer | Asked in Real Estate Law and Tax Law for Georgia on
Q: I sold a house in Georgia for a loss. What is the tax implication? Do I have to file? I am not a resident of Georgia.

The house was my primary residence until I moved out of Georgia over 10 years ago. Unfortunately, the house fell into disrepair, so I sold it for a loss of about $30,000.

What are my tax implications? Do I even need to file in Georgia (given that it's a loss)? I'm only asking about my... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 28, 2020

No income on sale due to the loss, no deduction on loss since it's personal property.

You should file a non-resident return just in case the state has a copy of the 1099-S.

If they do and you don't file they'll send you a bill for tax on the gross sales proceeds.

Kind of...
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1 Answer | Asked in Criminal Law and Real Estate Law for Georgia on
Q: Gift letter was signed for intent as a gift of money for a mortgage, and now that party says it was a loan, is it fraud

It was stated in the gift letter that it does not have to be paid back it is a gift. Now party says it was a loan and wants the entire amount paid back. What happens?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 23, 2020

More likely this will/can be settled in small claims, depending on the amount specified in your jurisdiction. It is best to contact an attorney who can assist you with the specifics of your circumstances.

If you and the property are in Florida, you should contact an attorney licensed in...
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2 Answers | Asked in Civil Litigation, Contracts and Real Estate Law for Georgia on
Q: My name is on a deed and mortgage with my ex. I moved from the home but pay utilities. Can he say I abandoned the house

My now ex and I purchased a house last year. Both of our names are on the deed & mortgage. We tried to live as roommates but that was not worked. I recently moved all of my belongings from the home. He claims I abandoned the house. If I still pay utilities and have mail coming to the house can he... Read more »

Paula J. Mcgill
Paula J. Mcgill answered on Jan 13, 2020

He doesn't know the law.

You still have an ownership interest in the property.

Therefore, you should seek counsel who specializes in real estate to force a partition of the property, if possible.

This may cause the house to be sold or to force him to buy you out....
Read more »

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1 Answer | Asked in Real Estate Law for Georgia on
Q: My mother left her house to me and my two sons when she died last year. How do I go about getting a loan or selling?
Vincent Gallo
Vincent Gallo answered on Jan 11, 2020

It would take all 3 of you to get a loan and/or to sell.

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