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Georgia Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: In GA if a man dies intestate as joint tenant w/out ros and has one biological child and 2 stepsons who inherits

Father dies in 2018 as joint tenant without ros with mother who died in 2024. Nothing has been filed with probate yet. I am the only biological child and have 2 older half brothers (from mom's previous marriages). Do I inherit half of my fathers interest in the home or is it divided between... View More

Kedra M. Gotel
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answered on Nov 16, 2024

Joint tenant WITHOUT rights of survivorship is tantamount to a tenant in common which means the owners' ownership interests may vary.

Your facts need to be clarified a little more to answer your question comprehensively. For example, was your dad married to someone other than your...
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1 Answer | Asked in Family Law, Adoption and Child Support for Georgia on
Q: Can my parents take my stuff i buy with my own money i worked for-My dad threatened me with a knife n beats me wi paddle

I am 16 years old and I buy my food and phone with my money and my parents keep taking it when it arrives so i was wondering if they can take my stuff even tho i buy it with my money. Also My dad threatended with a knife when i backed him up because he got close and he was heated and my counselor... View More

Kedra M. Gotel
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answered on Nov 16, 2024

I'm saddened to hear this is occurring in your household. Abuse of any kind is absolutely never condoned by the law. If your dad is chastising you by striking you with foreign objects or makeshift weapons, you should contact the authorities including your local police and local department of... View More

2 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: Can my soon to be ex husband give up his rights without there being someone else to b take them?

My soon to be ex husband says that he doesn’t believe our unborn baby is his (I believe it’s his girlfriends doing because at first he was on board). He wants nothing to do with him or me and wants to give up his rights at birth. Can he give up his rights with no step parent or other father to... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 15, 2024

Voluntarily terminating your parental rights does not relieve you of the obligation to pay child support. If the child were legally adopted then the father's obligations would sever. But that's the only way to avoid paying child support is legal adoption by another party.

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2 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: Can my soon to be ex husband give up his rights without there being someone else to b take them?

My soon to be ex husband says that he doesn’t believe our unborn baby is his (I believe it’s his girlfriends doing because at first he was on board). He wants nothing to do with him or me and wants to give up his rights at birth. Can he give up his rights with no step parent or other father to... View More

Kedra M. Gotel
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answered on Nov 16, 2024

A child conceived during a marriage is presumed to be the child of the marriage unless a genetic test proves otherwise. In your divorce proceeding your husband may ask the court to enter an order for a genetic test. He would then submit to the test along with swabbing the child. If the child proves... View More

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1 Answer | Asked in Family Law and Child Support for Georgia on
Q: How do i fill out the papers for a child support modification

hello I am trying to get a child support modification it has been one year only . The reason i need a modification is because the ncp did not get in insurance so i have it and the child was not in daycare at the time but now is . All these thing are new since the last child support order 10/2023.... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 15, 2024

Hire an attorney. It appears you didn't have an attorney the last time, which is part of the problem. Because there are steps an attorney can take to obtain the property documents to discovery the non-custodial parents actual income. It is best to hire an attorney who can draft the proper... View More

2 Answers | Asked in Family Law and Juvenile Law for Georgia on
Q: Took paternity test now I have court for initial periodic review. Does that mean I’m the father?
Kedra M. Gotel
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answered on Nov 16, 2024

A genetic test/DNA test/paternity test are all terms used to connote when males are seeking to determine the blood relationship between themselves and a child. After you submit to the test which should be conducted by a qualified immunologist, you will receive the results.

A periodic...
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1 Answer | Asked in Civil Litigation for Georgia on
Q: What kind of lawyer will I need as a business owner purchased a product but never received the product after a year?

I purchased a product from a business and never received the product. It has been over a year and a half and the project is not completed. We had a verbal agreement

Tim Akpinar
Tim Akpinar
answered on Nov 15, 2024

A Georgia attorney could advise best, but your question remains open for a week. An attorney who handles civil litigation, contracts, or general business matters should be able to handle something like this. You could first send the company a brief letter asking where the product is, and what their... View More

1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: Can an investigator search your residence simply on the basis of a fourth amendment waiver. Even if there is no GFS?

Investigators stated it's your unlucky day we're doing it by lottery and we're searching everyone in the neighborhood that has the fourth waiver. Probation officer was unaware they were doing this and is still unaware

Glenn T. Stern
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answered on Nov 14, 2024

Normally, you would be protected from such a search by the Fourth Amendment. However, with such a waiver, it usually means you've specifically signed away any right you would otherwise have to contest a search by probation or any law enforcement officer as a term of probation. Probation is an... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Georgia on
Q: Paid for CBL and it wasn't performed. Can I get my money back since he didn't do the surgery I paid for?

I have before and after pics of my procedure. I was to have a completion of a CBL and bring my scars completely around down my buttocks. Was told it would lift my buttocks and pull down flank area fat. He was to lipo area and then cut and pull up/down to remove back fat. All he performed was... View More

Tim Akpinar
Tim Akpinar
answered on Nov 12, 2024

A Georgia attorney could advise best, but your question remains open for two weeks. It isn't clear if what you describe rises to the level of medical malpractice. Med mal lawsuits generally involve a departure from a duty to provide a prescribed standard of medical care. What you describe... View More

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: I am contemplating leaving my husband. Is there a basic beginning to starting this process?
Regina Irene Edwards
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answered on Nov 12, 2024

You need to gather all of your financial information and then consult with an experienced family law attorney in your area. Here are some steps you can take:

1. Organize Your Financial Documents

List Your Assets and Debts: It’s important to have a comprehensive list of your...
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1 Answer | Asked in Civil Litigation and Personal Injury for Georgia on
Q: Under what circumstance can I hold a businesses responsibility for emotional distress with no injury

Witness to shootout between patron n police clerk failed to tell 911 there was a gun until after the patron was killed by police in front of me

Michael W. Horst
Michael W. Horst
answered on Nov 11, 2024

Under Georgia law, there can be no recovery for emotional distress unless you also suffered a physical injury. Georgia has what is known as the Impact Rule. This Rule provides that in order for a person to recover for emotional distress, there must be (1) a physical impact to the victim, (2) the... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: How likely is it that my partner will receive bond?

He was arrested on a simple battery warrant l, paid the bail for that—but today was transferred to another county to satisfy a battery warrant. I was the victim in both cases, I just want to know how likely. I am praying he gets bond for this county.

Glenn T. Stern
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answered on Nov 7, 2024

I would say it's probably pretty likely, assuming the other battery warrant is also for a misdemeanor. If you really wanted to stack the deck in his favor, you could reach out to the prosecutor's office and tell them that you are the victim in the case and that you want them to give him a bond.

1 Answer | Asked in Real Estate Law for Georgia on
Q: revocable trust. land and mobile home on schedule A i was successor trustee and beneficiary. Can heirs file no admin

In probate. His heirs did nothing after his death for two years. Property was xfer to estate after it was already trnxfer to me

James Clifton
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James Clifton
answered on Oct 30, 2024

The land and mobile home are titled assets. If the title to the mobile home and land were not transferred to the trust during the trust maker's lifetime then they do not transfer according to the terms of the trust and would instead be subject to probate, like the no administration necessary... View More

1 Answer | Asked in Family Law, Real Estate Law, Landlord - Tenant and Probate for Georgia on
Q: on a special warranty deed with husband and wife name followed by "joint tenancy", are rights of survivorship automatic
James Clifton
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James Clifton
answered on Oct 29, 2024

If the tenancy was intended to be joint tenancy and not tenancy in common, survivorship rights should be automatic. If that is the case, the only thing necessary to vest title in the survivor would be a Affidavit of Survivorship and a copy of the death certificate. A complete review of the deed... View More

2 Answers | Asked in Estate Planning for Georgia on
Q: I was named to be executor in Georgia for a friends estate. Her son is in objecting to this. I no longer want to be….

the executor. I haven’t been appointed yet and want to resign from this. Too much hassle. Can I do this?

James Clifton
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James Clifton
answered on Oct 29, 2024

You cannot be forced to be the executor. Make sure that you turn over the original will to the probate court and let the court know that you are declining the appointment as executor. If your friend's son is already in possession of the original will, let him know that you do not want to be... View More

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1 Answer | Asked in Insurance Bad Faith and Personal Injury for Georgia on
Q: Is this a bad gap ?

03/21 accident / 10 months physical therapy

01-22 cervical mri

02-22 lumbar & thoracic MRI

03-22 Emergency room visit for rectal prolapse.. I left because of fear and anxiety of the examination process.. filed for disability

04/24 disability hearing... View More

Tim Akpinar
Tim Akpinar
answered on Oct 28, 2024

A Georgia attorney could advise best, but your question remains open for three weeks. It looks like you had around 10 months of physical therapy following the 3/21 accident. That's not problematic - it's typical. Cervical, lumbar, thoracic series in 1/22 and 2/22 - presumably that's... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: "Rendering a portion of the body useless" is an essential element of agg. battery. What cases definitively state this?
Glenn T. Stern
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answered on Oct 27, 2024

Any case that might state this would merely be referring to the actual language of the statute (OCGA 16-6-24(a)), which provides:

"A person commits the offense of aggravated battery when he or she maliciously causes bodily harm to another by depriving him or her of a member of his or...
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1 Answer | Asked in Criminal Law for Georgia on
Q: If my arrest warrant attached Affidavit does not provide any information on How officer knows defendant committed crime

Affidavit does not provide any information on why officer believes this occurred?

That is upon what do officer base his belief?

Glenn T. Stern
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answered on Oct 25, 2024

Under Georgia law (OCGA 17-4-45), an affidavit in support of an arrest warrant is only required to identify the county where the affidavit is being filed; the name of the person making the affidavit; a statement affirming that the affiant is making the affidavit under oath; the name of the person... View More

1 Answer | Asked in Traffic Tickets for Georgia on
Q: Is my wife at fault?

My wife got T bones by a car not paying attention, she was driving through the light and a truck cut her off at the intersection causing her to be stuck so when the in coming traffic came the driver was not paying attention and hit her

Tim Akpinar
Tim Akpinar
answered on Oct 25, 2024

A Georgia attorney could advise best, but your question remains open for over two weeks. This may be more of a "Car Accident" question than a traffic ticket question. At any rate, she is not liable if she had no reason to anticipate the truck's maneuver. She also has the strong... View More

1 Answer | Asked in Traffic Tickets for Georgia on
Q: Do I have to sign a ticket in the state of Georgia

My friend and I were pulled over for going to slow in the left lane. Mine you there were no cars behind her, she had went around a truck and stayed in the left lane. The officer stated that she was driving to slow 48 in a 55 zone. Other cars need to pass that was going faster. The only cars were... View More

Glenn T. Stern
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answered on Oct 23, 2024

Signing a ticket is not an admission of guilt, but rather, acknowledgement of the court date on it. It is important to note that most moving violations in Georgia are considered criminal misdemeanors, meaning that they are punishable by up to 12 months in jail and a $1,000 fine. Additionally,... View More

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