Georgia Recent Legal Answers from Lawyers

I'm sorry, but this is not a probate question. It appears to be a probation question, which is a very different area of law. I don't deal with probation issues and don't know how to answer you. Please try to post your question again using Probation or Criminal Law as the topic list. Best wishes to you.... Read Answer

Please accept my condolences on the loss of your wife. If she had no debts, if she did not have a Will, and if you and her adult child are the only heirs, then you may be able to use a Petition for No Administration Necessary to settle her estate without a full administration.If she has debts, and even if she has a Will, you might also be able to file a Petition for Year's Support and request that the entire estate be awarded to you- again without a full administration. Depending on how the properties were titled, what other assets or debts she had, and whether or not she had a Will, you might not even need to do anything with the probate court. However, no one is going to be able to tell you what you actually can or should do in this kind of forum. Please find an experienced probate attorney near you and schedule a consultation. The attorney can then review all relevant info rmation and discuss your available options with you, and can then help you move forward. Best wishes to you.  ... Read Answer

It does not sound as if any income tax returns or estate tax returns would be due yet, given the timeline you lay out in your post. An estate tax return, if one is due at all (it may not be necessary) is not due until 9 months after the date of death. An income tax return would not be due until roughly 3 1/2 months after the final day of the estate's income tax year, and an estate can use a fiscal year that ends on a date other than December 31, which means that if death occurred in December 2020 the estate's first income tax year could end as late as November 30, 2021. All that said, a successor Executor needs to get appointed for the estate. The successor Executor will then need to file any needed tax returns for the estate and for the decedent (whose 2020 income tax return will be due by April 15, 2021 if no due date extension is requested, but if you can't get an Executor appointed more quickly than that the return will have to wait until the Executor has been appointed.   No one has the authority to file a return for the decedent or for her estate until a successor Executor is appointed. The fiduciary for the deceased Executor does not have the authority to act with regard to any other estates.... Read Answer

Just because your partner ripped up the Operating Agreement, it doesn't mean that there is no Operating Agreement.  Ripping up a Will is a different story. It seems that this so-called partner, is not a very good partner.  I have the feeling that you did not keep a copy of this Operating Agreement, nor did anyone else.  Do you remember who prepared the Operating Agreement, if so, they may have a copy. When you entered into this LLC did you fund it with a check.  Can you find a copy of that check? Generally, LLC's need to be registered with the Secretary of State.  In this registration, it should list, who are the partners.  Check on-line with the State filings to make sure your name appears. Did you receive any distributions or payments from this LLC? The more resources you have to show ownership, the stronger your case to extract money from this dishonest partner.          ... Read Answer

There is unfortunately no faster way of which we are aware that you can bring your father from Afghanistan on an immigrant visa until you become a US citizen. Other methods of immigration would take just as long or longer. To see whether your father could qualify for any type of nonimmigrant visa other than a visiting visa, you could possibly take a copy of his detailed CV to an immigration lawyer if you believe that there is a possibility based on his education and/or working experience. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

It would be difficult to sue to have the fees returned because of COVID-19 delays and the K-1 visa being denied. The chances are unlikely. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

Generally speaking, the delays in having cases returned and USCIS looking at them again make the readjudication of K-1 petitions difficult to wait for. If you still have a good relationship with your fiancée, you may refile with all the evidence including your current communications. Getting married and filing an I-130 petition would present USCIS with another look at your case, and may show more of a level of commitment. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

Wills cannot be changed legally using a power of attorney. You cannot challenge that until the person dies and the will is offered for probate.   As for the property disappearing, you can file for a guardianship over the person and have the power of attorney declared invalid.  You should discuss this with a lawyer specializing in guardianship law.... Read Answer

If you cannot find the original will, the law assumes it was revoked. To probate a copy of a will, you gave to explain to the court what probably happened to the original and how you know the deceased person did not revoke it. You probably need to hire a lawyer to help with this complicated area of law. Look for an attorney specializing in probate law.... Read Answer

Depending in how the brother has his name on the property,  there may be nothing you can do. You need a lawyer experiences in estate planning and probate administration to assist you. If the land was given to the brother on some condition thst it be divided,  you might be able to establish a constructive trust. The entire solution revolves around the deed he has came to be. ... Read Answer

Please accept my condolences on your loss. Unfortunately, you will likely need to open the estate, since the check was made out to the estate and not to your mother directly. Since your mother died with no Will, you MAY be able to get the bank on which the check was drawn (the insurance company's bank) to cash the check, if you present the affidavit discussed in O.C.G.A. § 7-1-239.1. (Payment of checks or instruments payable to deceased intestate persons; affidavit included with application for payment." GA. Code 7-1-239.1 Payment of checks or instruments payable to deceased intestate persons; affidavit included with application for payment), but it's not guaranteed to work. All of her children would need to endorse the check and provide the affidavit. If there are any other items in the estate, however, such as real estate, then you may need to open the estate for administration anyhow. Best wishes to you.... Read Answer

If you were a full time employee and working for the company or municipality for more than 1 year, your condition should provide you protection under FMLA and FFCRA.  If your employer failed to offer you as a qualified employee FMLA protection, for up to  12 weeks of your job, your rights would be interfered with, and if you are terminated, that as well would be a violation of FMLA.    Consult an employment lawyer.  Ask your employer for the FMLA paperwork and to process FMLA for you if you meet the qualification of 1 year or previous work and 1250 hours.    See https://www.dol.gov/agencies/whd/fmla/final-rule/faq#:~:text=In%20order%20to%20be%20eligible,for%20the%20employer%20for%2012... Read Answer

If a non-exempt employee is performing work and the employer knows or should know if it, the employer must pay the overtime.  If the work is against company policy, the employer can discipline the employee.   But if someone is doing the work of a ceo, is this person an exempt employee under the admin exemption?  Perhaps.  But if a mail clerk or secretary is going the work of the CEO for a week, that employee should still be eligible to be paid their overtime wages.  Sometimes work has to be done, so employees do their job and put in extra hours for the benefit of the company or the person's own position.  If the employee was exempt or in an exempt position, then working overtime would of course not entitle the person to premium pay.  If the employee was an hourly paid employee, even if not premium pay, still the employee worked hours and should be paid for the hours.  If there's an express written policy that says all overtime work is prohibited, again, if an employee violates that provision, the company better disclipline the employee, still pay the time though.  Cannot reap the benefit of the employee's time and act like it was just free to the company.  But denying the pay, and subjecting yourself to liquidated damages, which you may now owe anyway, is not a good business decision.  The FLSA will require you to pay overtime on the next paycheck or payperiod, or liquidated damages are owed.  Again, if an exempt employee, then there's no entitlement under the FLSA.  If there's some employment agreement, that employee may have a contract that says he or she is paid $30 per hour for all hours, that employee may have a claim for breach of contract if they worked and did not get paid for all the hours.  Any further questions, since you are a company it seems like, then you should 100% consult an employment lawyer or law firm as soon as possible.  I suggest you review all your pay practices to determine if employee or more employees past and present are owed compensation for overtime hours worked.  ... Read Answer

If you plan to transfer the hosue into your name, you will need to probate the will.  You will not be required to refinance the hoseu if you do not want to.  All wills must be filed witht the probate court.  Whther you offer it for probate is up to you. Howver, because there is real estate, the only way to tranfer that property is to file the will for probate.... Read Answer

This is a very delicate situation.  Until you have Letters of Administration, you have no right to enter the hosue.  I assume the girlfried lived with your father.  That makes her a tenant and in sole possessoin fo the property until a court says she isn't in possession any longer.  Until there is an administrtor, no one has the right to evict the girlfriend. ... Read Answer

Short answer:  Yes.  In some States they have the 2 inch rule.  That is, if there is crack in the sidewalk greater than 2 inches and you fall due to the crack, you have a cause of action.  However, this is pothole.  Which is much bigger than a 2 inch crack.   This will require a good deal of investigation.  For example, was the city aware of the uncovered pothole, and for how long?  Did someone else remove the cover.  How long was the pothole open?  Then, what were your injuries?  Did you recover?  Good luck.... Read Answer