Georgia Recent Legal Answers from Lawyers

In theory, the waiver of an inventory and reports only applies to the normal requirement that those documents be filed with the probate court, and does not mean that they do not have to be provided to heirs. However, in many cases administrators who aren't required to provide those documents to the court don't end up providing them to the heirs, either unless their attorneys push them to do so. Keep in mind, however, that not waiving the bond, inventory, and reporting requirements will likely mean that the estate administration costs more, which in turn may reduce the amount ultimately available for distribution. Not waiving those requirements may provide you with better protection but there are trade offs. You are entitled to have your own attorney represent you on these kinds of issues, and you really should consider getting a consultation. No one in this kind of forum can actually review the entire situation and understand what's going on. Best wishes to you and please accept my condolences on the loss of your father.  ... Read Answer

In most cases, a child can still inherit from a parent who gave up that parent's parental rights if the parent dies with no Will. The exception would generally be that, if the child is legally adopted by someone, then that child may  not be able to inherit from the biological parent and would instead inherit from the child's adoptive parent.... Read Answer

As you probably know, you can only a form I-485 adjustment of status application if your priority date is current. For you to legally file such adjustment, your priority date on the F-3 petition would have to be before March 1, 2010 unless you are from Mexico or the Philippines, in which case it is a much longer wait. Assuming that you are able to file for the adjustment of status, you can also file for an I-765 application for employment authorization as that is an ancillary application to which adjustment of status filers are eligible. You would also be eligible to file for I-131 advance parole to leave the US temporarily during the time that the adjustment of status application is pending. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

Yes and No.   Can the insurance company do this... well, yes they can and they did.   Is the insurance company allowed to do this - Most definitely not with out some kind of prior notice and on policy renewal.  If your cousin is a young driver and frequently drives your vehicle and somehow your insurance found out about it then the insurance can insist on her being on the policy and charge you more.  However they can not change your policy mid-stream without written notice.   You likely have a contract claim if they changed your insurance contract without notice.    I'd call your insurance agent first and see what he/she can do about it.   An attorney will cost a good bit more than the difference in the premium however you don't want to have to continue to pay that outrageous sum.  You can always call your carrier and expressly exclude your cousin which would mean that they would not cover you if she is driving your car.   In theory that would return your premium to what you were paying and even possibly some less.... but then DO NOT let your cousin drive your car. I'm not your attorney so this is just friendly advise.  If your insurance doesn't return your money and resume the premium you agreed to then you should hire an attorney to recover those funds.  As with most consumer products you can let your $ do the talking and switch insurance carriers. ... Read Answer

When you are receiving Supplemental Security Income (SSI) and you inherit assets, it can potentially affect your eligibility and payments. In order to ensure that your inheritance doesn't interfere with your SSI benefits, it's important to follow certain guidelines: Report the inheritance: You must promptly report the inheritance to the Social Security Administration (SSA). Failure to report the inheritance may result in penalties or loss of benefits. Determine the type of inheritance: The impact on your SSI benefits will depend on the type of inheritance you receive. It can be in the form of cash, property, investments, or other assets. Seek legal advice: It's advisable to consult with an attorney who specializes in Social Security and estate planning. They can help you understand the specific implications of the inheritance on your SSI benefits and guide you through the process. Create a special needs trust: One option to protect your SSI eligibility is to establish a special needs trust (SNT). A properly drafted SNT can hold your inheritance funds while still allowing you to maintain eligibility for means-tested government benefits. Follow SSI resource limits: SSI has strict resource limits, which include both income and assets. Depending on the value of your inheritance, it may put you over the resource limit. Properly managing or structuring the inheritance, such as through an SNT, can help you stay within the limits. It's crucial to consult with an attorney to understand the specific rules and requirements in Georgia regarding SSI and inheritances. They can assist you in creating a plan that protects your eligibility for benefits while still allowing you to benefit from your inheritance.... Read Answer

If your loved one is ineligible for parole - which presumably could be based on his charges or prior criminal convictions - then your option would be pursuing some type of post-conviction relief such as a petition for writ of habeas corpus if it is within four years from his conviction (counted roughly from the date of his last appellate ruling) or an extraordinary motion for new trial. ... Read Answer

The first things to address are getting him counsel and getting him a bond so he can be released. Then the focus can shift to the validity of the charges and attempting to get those dismissed and/or resovled favorably. Whether the arrest and/or charges stay on his record depends on how the charges are ultimately resolved. A civil lawsuit against the company may be possible and would be a separate matter from the crimianl charges. ... Read Answer

Your mother can file for a nonimmigrant visa during the time that you have filed an immigrant visa petition on her behalf. The decision of whether to approve the nonimmigrant visa will be up to the American consular officer in a determination of whether he or she is convinced that your mother will return to the home country after the brief period of visit. She must put down on the DS-160 application form that you are in the United States and that she has had an immigrant visa petition filed on her behalf. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

I think you have a claim against the person who assaulted you at the home.  I need more information on whether the homeowner knew that the assailant was going to attack you or had a propensity for violence.  Normally, the landowner/homeowner is not responsible for attacks on others such as yourself.  I would encourage you to find out who the person is.  ... Read Answer

Assuming it was drafted even half-decently, your trust should state in it what you need to do to amend it. And yes, legally speaking, as long as you follow the requirements you can amend your trust yourself. But doing so is likely a very, very, very, very, very, very bad idea. Please do your desired beneficiaries a huge favor, find a good, experienced, estate planning attorney, and have the attorney help you make any changes that are needed or desired. It is so easy to overlook or mess up important details if you don't know what you're doing. Best wishes to you.... Read Answer

Generally, everyone making a visa application to the United States is judged upon his or her own merits. A consular officer looking at an applicant for a visitor visa will usually check to see whether the individual has ties and bonds to the home country, and this may include any means of financial support. Her father would probably only come into the picture if she is dependent or even partly dependent upon him. INA 212(a)(2)(C)(ii) also makes ineligible for admission the spouse, son, or daughter of a known drug trafficker or where there is reason to believe that the person has been a drug smuggler where the applicant has within the previous five years obtained any financial or other benefit from the illicit activity of the parent, and knew or reasonably should have known that the financial or other benefit was the product of such illicit activity. That section would likely only come into effect if her father’s trafficking activities continued after the 1980s.  Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

Your question has nothing to do with Wills and Probate, which may be why any first post you made was deleted. I've changed the practice area to Landlord and Tenant Law in hope of helping you get some answers from attorneys who practice in the relevant area. You will likely have to evict your daughter even if she isn't paying rent.... Read Answer

You, as the Executor, should be able to sell the property (you should check with your probate attorney to make sure you don't need court permission first). To carry out the transfer, you'll need to execute an Executor's Deed that transfers the property from the estate to the purchaser. I strongly recommend having a real estate attorney help with that; deeds are not good do-it-yourself projects.... Read Answer

No, you cannot deal with an estate without dealing with a probate court, at least not in Georgia. IF there is no Will, and if all parties agree, then sometimes you can file a Petition for No Administration Necessary and deal with the estate that way. But it's still a court proceeding. And if there is a surviving spouse or any surviving minor children, then it might also be possible to have the entire estate dealt with through a petition for year's support, instead of a full administration. But again, it's still a court proceeding. In any other situation, if there is a Will, then the Will must be admitted to probate before anyone has power to deal with the estate, and if there is no Will, then an administrator must be appointed to deal with the estate. If there is nothing in the probate estate because all assets were held by a trust of some kind, then you may not need a court proceeding to deal with the assets, but that's because there is no estate in that case, not because anyone agrees to avoid the court.... Read Answer

Unfortunately USCIS does not give employment authorizations for individuals attempting to change status from visitor to F-1 student. For that matter, it does not give automatic employment authorization to those who successfully change to F-1 student. Such successful applicants are allowed to work part-time on campus, but outside only with the approval of the educational institution under curriculum practical training or with USCIS permission for optional practical training or if there are severe economic hardship conditions which have occurred after one academic year of schooling or if there are emergent circumstances which are generally defined by USCIS as world events that affect a specific group of F-1 students and which causes them to suffer severe economic hardship, including, but not limited to natural disasters, wars and military conflicts, national or international financial crises. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

Yes, you must complete all of the estate administration tasks before filing a petition for discharge of a personal representative. That includes filing all needed federal and state income tax returns for the decedent and the estate. You may be able to make partial distributions before you file the tax returns, but you must file the tax returns before you close the estate.... Read Answer

Your fact situation is confusing to me as you say that the application was denied, that you did not file another application, but that you do have an approved form I-130. The confusion lies in your stating that your father filed for you, a married person, when he only had the green card – and that would be a filing that does not conform with the law of eligibility. Nevertheless, assuming that an I-130 petition was approved at some point for you prior to the time of your father’s passing away, and you were in the US at the time, that petition might be a basis for a permanent residence application. As the facts are unclear, I suggest that you should consult with an immigration lawyer to go over your entire situation and for him or her to explore with you any steps that might be able to be taken. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

A US consular officer does not have the authority to overlook grounds of inadmissibility. If your father was deported previously, one question is whether he served out the entire time of the bar before coming back to the US. When he reentered the US, did he enter legally or illegally? If he entered illegally before April 1, 1997, he would be eligible to file waiver applications after his interview with the US consulate. On the other hand, if he reentered illegally on or after that date, he would have incurred a permanent bar under which he will not be able to request permission to return to the US as an immigrant until 10 years after he left the US a couple of years ago. The granting of permission to reapply at that point would be in the discretion of the Attorney General. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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