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Found 127 results

  1. Information on what a cestui que vie trust is
  2. My dad and mom purchased property in the Georgia, but live in NJ. My dad died. The deed is in both my parents name. In the state of NJ, the ownership goes to my mom. Is there a different law in the state of Georgia? Does the title transfer to my mother? She has been paying the taxes on it.
  3. Codependent was seen by DNR officer placing book bag in bed of truck. Neither of us gave permission to search the bag, later when a judge give ok to search the book bag, there was drugs found. There was only a warrant put out for me, Codependent at this present time has no charges against him. The DNR office give codependent papers at time of relieving us of incident. If codependent is turning states evidence on me for what had been in bag what defense do I have
  4. Dad passed several years ago, leaving a home which was paid off, in which his widow lives. Ownership is JTWROS in a fee simple estate involving the widow, and the decedent's biological children. Since then widow has moved on, and has a new companion living with her. Neither pay rent; however, the property taxes and insurance are being paid. (and yes, decedent's kids realize we own liability for taxes if they go unpaid.) We are finding the widow to be a bit difficult to discuss business matters (to resolution) and establish boundaries. We wish to sever the JTWROS, realizing we forfeit a portion to the widow instead of selling and splitting proceeds between the siblings once the widow passes away. Is that partitioning an even split, or is it based on some other probate decision of division percentage in GA (as in widow gets 50% and children of deceased split the remaining 50% (the will states "share and share alike")? Is the value the fair market value TODAY, or as of the date of Dad's death? We realize partition is the route to go, or gift to a strawman to force our status to TIC. My question is this - can we charge rent to the widow if we are all TIC (assuming I am not the only sibling to sever the JTWROS for TIC)? Is there any mechanism to charge the companion rent? Another question is that if the live-in companion has paid taxes, does the companion have any stake or claim to adverse possession?
  5. Can a post petition debt be collected in a chapter 7 case or is it discharged?
  6. I'm in need of advice. My husband and I had to get both our vehicle's fixed. My car was done but he has a scion xb and blew a head gasket. We gave the mechanic the money for all the parts. He has told us the car would be ready but now we are going on 5 months of it not being finished. He charged us $800 for labor and we have paid all but $150. The car is not done and he keeps stalling. There is 1 part that proves to be difficult for him and he has stated that if he cranks the car and he didn't set the timing chain right. It can mess up the engine and he will be responsible for replacing it, and he does not have the money to do that. I told my husband I refuse to pay this guy anymore money especially with him not answering our phone calls and never being home and out of town. We are wanting to retrieve our vehicle from his property and take it to the dealership to get finished properly. My question is so we have the right to do that? Can I have a police escort? Can I do a civil suit? Help please!!!!
  7. To avoid a long story spanning 2 1/2 years, I will try to condense. I was injured in a car wreck in 2011 requiring immediate surgery to repair proximal humerus fracture, rotator cuff tear exceeding 90% and left with severely limited mobility and unable to work with arms above head at all without fear of injury. I was offered a job in 2014 and negotiated this accommodation into my new job before accepting it so the employer had no surprises. As soon as I started my new job, I added a written request to my file for this and for another reasonable accommodation regarding a sleep disorder that was currently under control. My primary physician was treating my Delayed Sleep Phase Disorder with great success but fearing relapse, my doctor provided supporting documentation and as directed by my supervisor also CEO put this on file asking for adjusted morning schedule should these symptoms relapse or treatment stops working. For over a year and a half, I never once missed any time from work. I was never late, took no vacation, no sick days, and no personal time at all. In March of 2015, my doctor died and the physician my files were transferred to knew nothing about DSPD. He transferred me to another and this went on with several different doctors until my boss suggested I see his doctor. That Dr began treating me with the complete opposite type of medication and I began over sleeping some mornings. I explained what was happening but my boss said he didn't care, not to allow it to make me miss work. He said he believed DSPD was fabricated and not a real thing but instead an excuse for being lazy. I began then staying up for several days even on days that I worked 36hr shift's often straight through because of being on call at night. Of course when that caught up with me, I would crash and usually be late the day after finally getting some sleep. He began trying to make me uncomfortable. I'm an embalmer and being suited up in the operating room is hot especially with high blood pressure and he would take and hide the AC and vent controls making it both unbearably hot and dangerous from fumes often times for several days. Then July 26 of this year, he insisted that I go to a cemetery and take down a funeral tent in the rain and thunder storm which required lifting almost 200lbs overhead. When I did this, I tore my epicondylemail muscle in my elbow and dislocated my previously injured shoulder. When I reported this and then told him I was not going to be able to come in the following day, he fired me. He then denied my access to approved physician list of Workers Comp drs. Refused to file a report and then denied the injury to wc, fighting me on unemployment. He then 2 days later evicted me from a home I rented from him. My question is what course of action do I have at my disposal?
  8. I need help. My ex-husband and I were divorced in May 2014 after 20 years of marriage in Alabama. In the divorce, it said that we were to sell the house and spend the equity to pay down any debts and then split the difference and he was to pay me 900 per month until it sold. He was in contempt of court and I was taking him back to court for several things he was in contempt on. 1 week before our court date, he committed suicide. There was no will and my 2 children are his only heirs. His family and I went to the mediation. I told them that I wanted anything that we had joint debts on which is the house and the boat since there was no money or insurance policies. During the mediation, I was told me the house was mine regardless due to right of survivorship and I was awarded the boat. The 2 attorneys talked with the judge and he was fine with this. His attorney dropped the counter. The documentation I received was from my lawyer. The court order does not show the details. His family (including my children then 16 and 20) decided not open an estate as their was not money. The only other asset was a truck that my ex specifically said would go to my youngest. The state of Georgia (where he lived and died) allowed me to put the truck in my name. Its now in my name and title in Alabama with my son driving. My oldest really got nothing. His parents have several of the household things to give my kids when they are older and the girlfriend has the remaining. This parents paid the funeral expenses. The girlfriend who lived with him paid the remaining lease and cleanup fees. And the girlfriend filed criminal charges on me and my youngest son for "breaking" into her house (my ex and her rented). My son had a key as he used to live their and my son as always told it was his home. I had to pay 1500 to a lawyer to talk to the police and explain and they did not peruse the charges. Now fast forward 1 year. I have paid the full house note and boat note for the whole year along with completely supporting my kids. That has been huge since my ex committed suicide and greatly affected my kids. I am broke. The girl friend is saying that his estate owes him 5,000 and if we didn't open the estate, she would. I met with a lawyer in Georgia. she has that according to Georgia law our divorce degree overrides any deeds or ownership. That 1/2 of my house and the boat belonged to my ex, When my kids open the estate, I will be forced to hand over the boat and be forced to sell my house to pay the estate bills. Is there anything I can do to keep this from happening? My kids and I will lose everything that me and their dad worked for our entire lives just because his girlfriend is 22 and money hungry. His parents and family and I have a great relationship. We are all devastated that we will be forced to lose our home and my son will lose his fathers truck which is not worth much of anything but is priceless to us. And to the market fall, once we pay fees, we would be lucky to get 1,000 or not lose money due to the sale. Is there anything I can do?
  9. Jurisdiction: Georgia My roommate and I moved into a 2 bedroom, 2 bath house on July 20th. I am not on the lease. Our oral agreement is that we will split everything, 50/50. I've known my roommate for ten years but, you really get to know a person when you live with them. We are just friends. I am retired and she stills works. On August 1st. when I refused to tear up a box to put in the trash, she became enraged and told me that she was not going to live with some one who just laid around all day. She told me to get out. After she realized that she needed me to help pay rent and utilities, she relented. Since then, it;s been one thing after another-nit picking. She sees everyone else's faults but not her own. I have come to realize that she chose me to be her roommate because she has this "nice-nasty" persona and no one (apparently except me) wants to deal with her on a daily basis. I cannot. I will not live with her beyond 90 days. How do I break this oral agreement without being liable? I am tempted to just leave but I want to remain a gentleman. Please help and thank you very much. A friend of mine wants me to pay 1/2 the rent and utilities. I concur. She also wants me to pay 1/2 of the deposit although my name is not on the lease. Am I obligated to pay? Thank you
  10. If a 16 yr old and 19yr old have sex is that statutory rape? And if so what is the statute of limitations?
  11. How can a company found liable by tort judgment file a interpleader claiming the insurance policy does not apply? Does the fact that the insurance policy being presented by company at trial automatically prevent this claim? Does an attorney have a responsibility to avoid presenting information it knew conflicts with a previous admissions?
  12. Does a Will outweighs a Insurance Policy with a named Beneficiary
  13. Hello All, So, I've found it very difficult to find any help or resources for my questions. My wife and I are filing for guardianship of her 14-year-old sister. We have the signed and notarized affidavits from her mother and father, as well as herself and the petition for guardianship. We will be filing the paperwork either next week or the week after. Our household income is on the median to high side (Approx $100,000, annually), and we do not qualify or desire Government assistance for ourselves, but assistance for my sister-in-law might be accepted and helpful. My questions: Is the guardianship literally a 1-for-1 as custody (in the eyes of the government, is she my step-daughter)? Is she eligible for medicaid or medicare, regardless of our income? Are there any programs local, state or federal for aid of guardians? Do Georgia school systems offer assistance for Guardians (reduced meal costs, etc)? It's not that we aren't financially able to take care of her, but just her school lunches are $100/month, insurance will be another $200-$300/month, etc. etc. It really starts piling on. Thanks!
  14. I purchased land on tax lien. 2 owners of record on title, one could not be found. Getting ready to foreclose on the right to redeem ( I was on good terms with prior owner),he died. His family wants the property back. We spent $1300. clearing away debris from the former mobile home that had been taken apart , as well as overgrown trees and bushes in order to prepare it for a new home. This needed to be done no matter who gets ownership. Does his family have to go through probate before proceeding? Can they exercise the right to redeem, or is only the other owner,whom I cannot find, the one who can redeem? Can they refuse to pay my cleanup costs? Is there a legal precedent to this case? Please advise
  15. My father passed away and after he did a settlement was reached with the lawsuit of 350000. I am so confused by the way this attorney is dividing up this money. He has sent me a breakdown of the settlement 3 times now and they are not even close to the same and at this point we are all scratching our heads. Does the expenses come out first? Or does his contingency and expenses? Or does the medicare and funeral? There is thousands of dollars difference with these breakdowns of the money. HELP!
  16. With the new DOL overtime rule, our non-profit agency is thinking about moving 2 exempt employees to non-exempt status. They both make below the $47,476 threshold. These 2 employees are managers and are on-call every other week. (26 weeks each) They have to be within 30 minutes of our agency and/or hospital if needed in-person. The board is considering paying them $2 an hour for stand by time (128 hours a week for the week they are on call) and time and half if called in. Under the new DOL rule, is this permissible? The new rule is very confusing. Thanks for any guidance you can give.
  17. We purchased a large piece of property years ago with several members of my family. We had agreed upon amounts and tracts but closed as one piece of property, then (at the same closing) all signed quit claim deeds to one another's tracts except for the property that is under the lake that is used by all landowners. Everyone's names remained on the lake deed. Now, years later, my husband and I are wanting to sell our piece of property. We have buyers that are interested but only if their names can be put on the deed to the lake as well so that they will have lake use (and understandably so). Will we be able to sign a quit claim to the buyers of our piece of property so that they will own part of the lake as well? My family is not wanting us to do this, they don't want to own property with "strangers", I don't want this to cause us to not be able to sell our property. We live in Georgia.
  18. Can a NCP be stopped from leaving the country if they are over $70k in arrears?
  19. my neighborhood has a shared pond,for residents only. The road to access the pond has washed out from all the rain over the last year. My property runs along the side of the road and backs up to the dam for the pond. my property line actually ends in middle of the dam. it is not safe for anything to drive over the dam. what are my rights to put a gate up until it gets fixed? i have gotten an estimate and informed the neighbors of cost, no one wants to put up any money to help get it fixed. if nothing gets done to repair it then the dam will bust affecting mostly my property
  20. My father, a resident of GA, died on May 12. He was married to his last wife for 6.5 years. She has a contentious relationship with my brothers and me and has been giving our father's possessions away to her own children. I know she was working on wills when they got married but am not 100% certain that it was finished. My father was retired with a full teacher's pension. I have a disabled brother that I would like to receive whatever benefits went to our dad. How can I find out if he has a will? Can I legally make her stop giving away my father's things before his own children get them? Is my brother eligible to receive my dad's pension since the wife has only been the wife for 6.5 years? My dad was not wealthy. He would have wanted his disabled son to be taken care of.
  21. My brother has a one year old with an ex-girlfriend. Over the past year, she has put my family through hell. She has physically assaulted my brother, vandalized my mother's vehicle, as well as threatened my sister as well as myself. She usually calls and harasses myself, my brother, and my mom for a few weeks, then the calls and text messages will stop. Recently, she went to the extreme and has gotten her cousin involved. The cousin has mentioned that she will "kill all of us on sight" as well as saying that she will have someone come to my brother's job to "air it out". I want to know where can my family start with taking legal action against her for making these threats as well as where should my brother start to take action to get full custody of my brother. We live in Georgia and every cop that we speak to tell us the same thing, that he has no legal rights to the child. This situation has gotten out of control and we desperately need help to get my nephew out. I'm afraid that his safety is at stake, especially since she had portrayed suicidal behavior to myself as well as my brother.
  22. So on February 12th, 2016 I was fired from a retail story because they claimed I left money in the register over night. I believe it was a set up by the Assistant Store Manager and The Full time Security officer. I start working at this company as a part time seasonal associate in June 2015. In August 2015 I was promoted to Area Supervisor at another local store. I started at this store in September 2015 and this store was a mess. Being 21 years old and the youngest manager to step foot in the store I knew I had my work cut out for me. The store was so unorganized I was even left on one shift as the only cashier and one security person to handle a long line all the way to the fitting rooms. It was one crazy night! In January My Store Manager start getting sick and was missing many days we stop having manager meetings and all communication was lost. The Security man started becoming the Assistant store Manager puppet. He came to me one day an said you know the asm will be leaving soon and I think you should try and get the position. Because The store Manager only wanted to give me an 8 cent raise and the asm wanted to give me a dollar raise. Then he said I needed to choose sides, Either the ASM or the SM . I was confused I said Im not picking sides. Im picking my own. I had two phones at the time. I left it in the office one day to charge. One Android and one iphone. I was trying to test the iphone to see if u wanted to convert to team iphone. I gave an employee a break for 30 minutes came back into the office and realized a have A VOICE RECORDING OF THE ASM AND SECURITY OFFICER HAVING SEX IN THE OFFICE. I mentioned it to her the next day, all I said was I wonder how would the District Manager feel if she found out her and mr.tim was using m&m in the office. She said I was childish but then 10 min later the officer came to me and said how bout you tell my wife. Im like what are you talking about. The next week The ASM opened the store and tried to look for money three times in the same area after going back to the office three times touching money. Went back to the front and then Going to hold up an $20 bill front the same area she already look and didnt find it. It was a set up . Should I sue for Whistle blowing. What should I do?
  23. I am inquiring on gaining more information about my court case on May 19th at Taliaferro County Probate Court at 10am. How should I handle this case & any recommendations on traffic ticket lawyers? On Apirl 10th 2016 I was on the way back from dropping my Husband off at Fort Gordon in Augusta. I was on a round trip to Atlanta, because my husband had left behind his dog tags, hat and a few other military equipment. His commander said lights out at 9pm so I would have to make it back in time in order for him to attend nightly formation. The time was 6:28 pm when I was in Taliaferro county on 1-20 going West in the left hand land. There were 4 cars in front of me and 3 car behind me. I was trying to get around three trucks. but was stuck in the middle of cars. The cop pulled me over at 6:31pm and said i was going 110. I told him it couldnt have been me because i was in between two other cars I couldnt move. He said well your the one I got! I said okay and told him my situation and if he could help me out. So he gave me a following to close ticket and a speeding ticketing. and said i had enough time to make it down and back. Which was I lie I got back at 10:30. and now my husband is on duty for 45 days with no pay. I'm a stay at home mom. and already on non reporting probation for an previous traffic ticket since i couldn't pay the fine all at one time. . I do not want to go to jail. What should I do.? The two tickets I have are Speeding doing 109 in a 70. and following to close.
  24. I am having back surgery and will be out of work for a minimum of a month. I live in bryan county, Richmond Hill Ga. Does anyone know if I can qualify for unemployment or temporary disability insurance so i can still sustain my two children wife and I while I'm out of work. I will still be able to return to work. I work at ProShine car washing. The end of June is the surgery.
  25. Is it possible to file a motion to dismiss an emergency petition for the violating Form of Pleadings in OCGA 9-11-10 as well as for not filing with initial petition the required Domestic Relations Financial Affidavit, a proposed parenting plan, a rule nisi or a verifications form? Along with the motion to dismiss, I was wanting to include a counter motion of contempt. I am aware that by my ex filing a modification motion, it opens the door for counter claims of contempt, however instead of doing an answer and countercliam, I was wanting to do a dismissal and counterclaim. Is this Possible?
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