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David Michael Lawler

David Lawler’s Answers

476 total


  • Do I need a financial lawyer for power of attorney for my sons retirement pensio . He is currently in prison

    My son is serving life in Jackson ga state prison. I have power of attorney giving me control over his business and financial affairs. His 401k pension from his job will not accept this so that I can distribute his money into a trust fund for his ...

    David’s Answer

    The first thing you need to do is check to see if the 401(k) manager has a specific power of attorney form that they want you to use. If so they can provide you the template. If they won't accept the current power of attorney as written, there must be some specific language they're looking for.

    It is not true that you son is unable to have a document notarized in prison. I have had many prisoners supply documents requiring notarization. Many of the office staff in most prisons are notaries. If the office staff is unwilling to do it, you may just have to hire a notary to come with you to the prison. It may not be the easiest thing to get a document notarized when you're sitting in prison, but it can be done.

    That being said, if you're needing to do a completely new financial power of attorney, and the 401(k) manager will not supply what they need, you will probably need an attorney to draft it for you

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  • Divorce papers should have never been signed by a judge?

    We divorced years ago. With the first filing of an uncontested divorce everything signed an agreed. A few months later my ex filed to have sole custody of our child. I also filed an amended petition to have sole custody. When we went to court I ho...

    David’s Answer

    Hire an attorney to get this sorted out. Don't try to do this on your own. You see what happens.

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  • My ex and share joint legal and physical custody of our 12 year old daughter and now he wants to move out of state and take her.

    6 yrs ago my ex asked if my new husband and I would move to GA from MI and we agreed. My husband and I have 3 other children and are well settled in GA but now my ex wants to move back to MI with our daughter. She's 12 and says she wants to move t...

    David’s Answer

    Here is the truth that you will not want to hear.

    Unless there is a current pending case involving the child here in Georgia, your husband does not have to ask the judges permission to move, even with the child. He can just do it.

    … And so could you.

    I know it doesn't seem or feel right, but that's the way it is. The US constitution grants the right for anybody to live anywhere in the country and no local judge can enforce a restriction on where the parent has to live.

    Therefore, if you want him to have to get a judges permission to move with the child, I strongly recommend filing a motion to modify custody now, before he moves. And there are many factors the judge will consider, not the least of which is what the child wants.

    Call a family lawyer first thing in the morning.

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  • If I (the father) put myself on child support will I be able to get visitation with my child?

    I'm giving money to take care of my child directly to the mother and I pay for daycare but she is refusing to allow me visitation with my child. There is no court order or anything established.

    David’s Answer

    Mr. Birch more is 100% correct. As frustrating, confusing and unfair as it may seem, the log requires you to pay child support even if you have no visitation rights whatsoever.

    I recommend doing a legitimation action. I also suggest talking to your local state congressman and Senators to get this aspect of the law changed.

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  • I have a Lawyer ready to finalize my will. She is trying to charge me $2250.00. That seems very steep to me. ???

    I have a wife and 5 contigent beneficiaries, one requiring a trust to be managed by two of the others.

    David’s Answer

    That is actually ASTONISHINGLY low. If you want lawyer quality services, they aren't free. You want cheap, go with Quicken Willmaker

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  • In Georgia, how long does the tenant have to move out if the landlord wins the dispossessory at the hearing?

    What are the minimum number of days a judge will allow the tenant to vacate the house once the hearing has taken place? There was a 12 month lease, but it has expired and a hearing has been set. The tenant paid all rent on time except the last mo...

    David’s Answer

    The judge will give them 7 days from the hearing... No more, no less.

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  • How do I file a law suit against a painter who is not living up to his warranty.

    The painter gives a 10 year warranty the house was painted in 2011. I called about repairs in summer of 2012. It took 8 months for him to come and repair and he did a crappy job. Bubbling etc. On invoice it states he sanded and primed wood and pee...

    David’s Answer

    Not a real estate question. It's contracts/civil litigation. I will re-categorize it for you.

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  • Is homeowners insurance required in the state of Georgia?

    I'm asking because I was wondering if I need it if I buy my house in full.

    David’s Answer

    If you have a mortgage, your lender will require it. Otherwise, not required.

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  • Do I need a real estate property liability atty?

    i had a horrible fall on the property of the owner of the building that I had been renting a month to month office space since 2008. I fell due to the negligence if he not up keeping building maintenance, lighting, no kinds of signs nothing that h...

    David’s Answer

    That is a Personal Injury question. I will re-categorize it for you.

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  • How can land be transferred from a "multiple owner" status to a sole individual without signatures from the "multiple owners"?

    My grandfather and his brothers and sisters bought 30+ acres of land in the 60s. They built our neighborhood after building our houses and sold off the lots not being used by family. There is a central shared 7 acre lot with a pond they built in t...

    David’s Answer

    Go talk to a real estate litigation attorney. Your fact pattern raises more questions than can be answered in this forum. There would be significant research required to give you accurate advice.

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