Georgia Recent Legal Answers from Lawyers

The statute of limitations is typically two years in Georgia for personal injury claims, but there are shorter exceptions. I would recommend that you consult with an experienced accident lawyer who is licensed in Georgia ASAP. There are so many things that can go wrong in an accident claim without the advice of counsel. Most car accident lawyers offer free consultations where you can ask questions, and let the attorney gather information about your accident and injuries so that he or she can best guide you. And until you consult with a lawyer, I would suggest that you stop speaking with the insurance adjuster and do not give a recorded statement. In my experience, these statements are not for your benefit, they are for the benefit of the insurance carrier. Disclaimer: This response is for informational purposes only and does not create an attorney-client relationship. Please consult with a lawyer licensed in Georgia as soon as possible.... Read More

If there are no unpaid debts and all heirs will sign off to acknowledge unanimous agreement on the distribution of all assets, you should be able to file a Petition for Order Declaring No Administration Necessary.  It is form 9 here: https://www.gasupreme.us/probate-court-standard-forms/    ... Read More

I agree with the point Mr. Black is making; what will be the source of payment to compensate you for your injuries/damages?  From your synopsis, it sounds like your damages are substantial.  I assume the defendant's story would differ from yours, but assuming liability (fault) is admitted and damages are proven, there still has to be someone with the ability to pay you for it to be worthwhile and make sense to pursue the claim.   That "someone" would usually be an insurance company that migh provide coverage for premises liability for a mall or apartment complex, for example. If you can provide more specifics of how and where the injuries happened, it would help to evaluate the claim.   ... Read More

Please accept my condolences on the passing of your husband. Unfortunately, in order to obtain help accessing his bank account, as well as dealing with any other issues that may need to be addressed as the result of his death, you will need to make direct contact with an attorney who works on probate matters. This forum does not allow attorneys to actually assist you, as it is not possible to gather the needed information and give actual advice. You need to find an attorney who handles probate matters, using the resources on this website, and contact that attorney's office to schedule a probate consultation. The only other option, depending on the county your husband lived in at his death, is that you may be able to get some assistance through a probate court clinic program. For example, both Fulton and DeKalb Counties offer a free, very short, consultation with a volunteer probate attorney (I believe the program is called the "Probate Information Center" in Fulton and the "Probate Information Clinic" in DeKalb, or something like that). You have to contact the court to make an appointment to get help through those programs, and they are not intended to provide comprehensive help, but they are designed to help people who don't have an attorney carry out discrete tasks and if the volunteer determines that ongoing assistance from an attorney is really needed, they will tell you. Best wishes to you.  ... Read More

An attorney licensed to practice in Georgia can practice anywhere in Georgia, yes. That said, for estate planning, the attorney will usually want to meet with your mother in person to have her sign her new documents, even if not also for the planning part of the engagement, and if your mother has to drive from Columbus to Atlanta to meet with her attorney she may not be happy. Also, if you think you would want to use the same attorney for help with an eventual probate, then having an attorney closer to Columbus might be helpful, as not all Atlanta attorneys will take on probate matters anywhere in the state. There are good estate planning attorneys in and around the Columbus area. Your mother may be better off using one of them. Best wishes to both of you.... Read More

Yes, you are entitled to file a petition to probate the intestate estate of your father. Just because his surviving wife was awarded year's support does not automatically entitled you to receive any assets he left, especially if you and your siblings are not in agreement about his assets. File the petition in the county where he lived/owned property at the time of his death. Hope this helps! Good luck to you!... Read More

There is normally no value in giving documents between 2010 and 2020 as they are not within the five-year period of time required to make an adjudication on your naturalization case. USCIS officers are generally not enamored with having to plow through documents that are not required for an application as they have many cases to go through and many officers are backlogged on their cases. However, if you have arrests and/or convictions between those years, they would be relevant and documentation of such should be presented. 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 More

The longer you wait to collect Social Security, the more the payout will most likely be. If you wait to collect Social Security at the age of 65 that will most likely be more than if you collected at age 62. And so on and so forth. You should Make an appointment with your local Social Security office for more specific advice.      ... Read More

Most cruise lines have forum selection clauses, requiring passengers to file injury claims in the state designated by the cruise line. In almost all cases, that state is Florida. To determine where you must file your claim, review your ticket itinerary and contract to see if Florida has been specified. If Florida is the required forum, you will need to retain legal representation in this state. Be aware that these claims must be filed within a specific time frame, or you may lose the right to pursue compensation. It is advisable to hire an attorney here in Florida on a contingency fee basis, meaning you pay nothing unless you win your case.... Read More

There are several options available to help you recover the loan you extended to your family members. One option is to file a lawsuit and seek a judgment, which can then be enforced to secure repayment. I recommend consulting with an attorney experienced in debt collection to guide you through this process.... Read More

Although I'm a Maryland child custody attorney, I can say that what you've described raises ethical concerns. Conditioning a potential amendment to your child’s alternative school placement on waiving your right to appeal could be interpreted as coercive. While the school may have discretion in placements, such conditions should not interfere with your right to challenge a tribunal's decision. You might consider consulting with an attorney who specializes in education law to discuss the specifics of your case and determine whether this behavior violates any legal or ethical standards. Acting quickly is important to protect your child’s rights and well-being.... Read More

Good question. My answer is - maybe. The unfavorable factors are that you have never worked for the company for which you were picked, and the petition has not been approved. It is no fault of yours that you have not worked for that company since you have no authority to do so until the H-1B is approved. However, transfers are generally easier to do where a beneficiary has been working for the company. There is the possibility of a H-1B transfer, but USCIS would have to be convinced that your first H-1B petition is approvable during the adjudication of the petition by your new employer C. 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 More

Yes, you may have grounds for a lawsuirt if someone publicly exposed your address with the intent to cause harm or if it has put your family at risk. This act is sometimes referred to as doxxing—publicly revealing someone’s private information to harass, threaten, or endanger them—and can be actionable under various legal theories. Here are potential legal avenues to consider: 1. Invasion of Privacy: Many states recognize a claim for invasion of privacy, particularly if private information (like a home address) was disclosed without consent and it could reasonably be seen as harmful. If the intent was to threaten, intimidate, or endanger you or your family, this claim could be strengthened. 2. Intentional Infliction of Emotional Distress (IIED): If the person posted your address to intentionally cause fear, distress, or harm, you might have a claim for intentional infliction of emotional distress. You would need to show that the act was extreme, outrageous, and directly resulted in harm to you or your family. 3. Harassment or Stalking Laws: Some states have laws specifically prohibiting acts of harassment, stalking, or cyberstalking, which could include posting someone’s personal information with harmful intent. Contact your local law enforcement, as disclosing private information in a threatening manner may violate criminal harassment or stalking laws. 4. Protective Orders: You may consider filing for a protective order or restraining order against the individual if the exposure of your address is part of a pattern of harassment or threats. Next Steps: Document Evidence: Save screenshots and copies of any posts, messages, or online activity that reveal your address. Consult an Attorney: Given the serious nature of the potential harm, consult an attorney with experience in privacy, harassment, or defamation law to discuss your options. Contact Law Enforcement: If you believe your safety is at risk, report the incident to law enforcement. They can help assess whether criminal charges are appropriate. An attorney can help you pursue damages or seek a court order requiring the removal of your address if it’s posted online. XXXXXXXX XXXXXXXXXXXX XXXXXXXX XXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX... Read More

You need to open your father's estate for probate (if he had a Will) or administration (if he did not have a Will). Your statement that there was no need to probate after his death is apparently incorrect, as there was a Fidelity account that he owned and that had no beneficiary designation on it. That account became part of his probate estate at his death, and without a probate or an estate administration that account stayed in his estate. If you are the sole heir, and if there were no creditors at his death (or if all of any such creditors have been fully paid before now), and if he had no Will, then you might also be able to do a Petition for No Administration Necessary, instead of a full administration. But you may not be able to get the needed information for that Petition without an estate representative who is able to get that information from the Georgia Treasury Department. Hire an experienced probate attorney to help you with this. Best wishes to you.  ... Read More

Please accept my condolences on the loss of your father and the imminent passing of your stepmother. As for your question, your father's Will may still provide for the property that your stepmother was to receive to pass to her even if she passes away before the Will is probated, but you have to read the actual Will to determine exactly what should happen. In many cases, a Will contains a requirement that a beneficiary survive the person who wrote the Will by a minimum period of time in order to become entitled to receive the benefits that the Will provides for that beneficiary. For example, our standard Will form generally requires that a person's spouse survive them by at least 60 days in order to receive benefits under the Will. This is designed in part to avoid a situation where assets pass from one person's estate to a deceased beneficiary's estate. If your father's Will contains that kind of provision, and if your stepmother actually ends up passing away before she meets the minimum survival period, then the property would normally be distributed under your father's Will as if your stepmother died before your father. However, if your father's Will provides for a minimum survival period and your stepmother has already lived at least that long, then the bequest provided by your father's Will for her will likely end up distributed as provided by the Will. This may mean that property is distributed to her estate, if it was to be an outright distribution. However, if your father's Will provided for property to pass to a trust for your stepmother, rather than outright, then the trust will likely end up distributed in whatever manner it was to be distributed at your stepmother's death. To summarize, what your father's Will says happens is what will happen. Find an attorney who deals with probate matters in the state where your father lived when he died, and have that attorney review the Will and help you with the probate. If your stepmother is capable of signing a consent to probate, you may also want to have her do that before she passes away, as otherwise you may not be able to probate your father's Will without the consent of the Executor or Administrator of your stepmother's estate. Best wishes to you.... Read More

Please accept my condolences on the loss of your sister. As for your question, I can't actually tell whether your late sister had a valid Will, because you mention that it named an Executor but you also state that it named your other sister as a power of attorney agent and you to make health care decisions, and a normal Will would not do either of those two things. If your sister does not have a valid Will in the first place, which may well be the case if she tried to do her own Will and did not get good legal advice when she was preparing the document, then state intestacy law will apply to her probate assets, and not the document in question. That said, assuming for now that your sister does have a valid Will that names you and your other sister as beneficiaries and your other sister as Executor, the Will must be offered for and admitted to probate before it will become legally binding. That's not a requirement of any bank; it's a requirement of state law. A Will that has not been admitted to probate isn't doing anything legally. The probate process is how you prove that a Will is valid and should be given effect, and it is required before any Executor is appointed and before the Will can actually direct the disposition of a deceased person's assets. So no, a bank will not accept an unprobated Will as valid. The only way you can get access to a bank account that was owned by a deceased individual if you are not either a joint owner with right of survivorship or a designated beneficiary on that account is to have the person's probate estate opened through a probate or an estate administration and to have an Executor or Administrator appointed. Your sister who is named as Executor should consult an experienced probate attorney. Show that attorney the document you believe to be a Will and see if it appears to qualify as a Will. If it does, then your living sister should have the attorney help her offer it for probate. If not, then your late sister's heirs (which might be you and your other sister but may not be- I don't have enough information to be able to tell from your post) will need to see about having her estate opened for administration or whether a Petition for No Administration Necessary might be a good option. Best wishes to you.  ... Read More

Ms. Kelley:  I would be glad to discuss this matter with you.  I handle identity theft cases under the Fair Credit Reporting Act and other consumer protection statutes.  My website is www.loveconsumerlaw.com.  I am located in Alpharetta, GA. Are you available for a call today at 4:30 pm?  Please email me at tlove@loveconsumerlaw.com. Tony Love Love Consumer Law 2500 Northwinds Parkway Suite 330 Alpharetta, GA  30009 404.855.3600  ... Read More

There are a lot of factors at play here. The first question I would have is why exactly do you have power of attorney for your mother and what are the limits of it? Do you have it in writing or is it informal? Second, is your brother living in the house (or even partially owns the house), staying short term, or is he just an intrusive visitor? Third, it sounds like your mother wants to have continued contact with him. Is that true or is more exploitative than that? Fourth, how is your mother's health? How old is she and is she capable of taking care of herself or making her own decisions? There's a lot of nuance here.  Really unless your mother also wants him barred from the house or your mother is somehow incapable and not able to make her own decisions then you likely cannot do anything about it regardless of how frustrating he may be. If your mother is in agreement and wants him to not come back then the police can be called to instruct him to not come back. If she is incapable and being exploited by him then he may be able to be prosecuted for Exploitation of the Elderly of Disabled (provided she is over 65 or disabled). If you think she is being financially exploited by him you should think about contacting the police so they can look into it. Orders of protection can also be taken out if he is violent and there are forms for this you can get at the clerk's office in most counties for you to fill out if you think that is appropriate. But most situations would require your mother either being onboard with banning him from the house or would require her to be incapable of making her own decisions. ... Read More

The honest truth here is that you need to get a personal injury lawyer to represent you. This case is far too big for you to handle yourself. They can then evaluate you claim, medical expenses, pain and suffering, and any other issues and may even be able to give you a rough idea of what the case may settle for.  Just about all personal injury lawyers work on contingent fees. In other words they only get paid once you do. The average fee is about 33% of the overall settlement once expenses are paid. From the sounds of it you would have a case worth taking, especially if Walmart acknowledges fault. ... Read More

This is a material breach of your lease. Anytime a landlord wants to enter the tenants residence for repairs or other work related issues, landlord must give reasonable notice in advance. To enter with no notice and without knocking on the door is a blatant  and material breach of your lease. A material breach like this in some states would allow you to treat the lease as over and allow you to vacate without penalty. You should speak with a Georgia lawyer for more specific advice before you vacate. ... Read More