Charles Michael Morris's Answers

A person (mother) died 7 months ago, leaving a will with (3 co-executor's & the same 3 as co-beneficiary's.) In the state of Ga.

Unless the Will provided that the beneficiary must survive the mother by more than xx amount of days, then that person's share of the Estate was vested upon your mother's death. Therefore, that person's share of the estate goes to that person's estate.

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In a global settlement do you have to do a MSA for the liability portion if the medical remains open in the WC portion?

If you are leaving the medical open, then an MSA is not required. An MSA is required when you are settling the entire claim. The MSA keeps Medicare from being responsible for medical expenses that should be the responsibility of the comp insurer.

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If a car is parked in the street and is either hit or it is the cause of an accident, who is at fault?

Georgia has an extensive code section regarding parking of vehicles. If you are legally parked and this causes a collision, then the illegally parked vehicle may be responsible for the collision and the damage. Since there is an issue with this parked vehicle and the blind corner, I would contact local law enforcement about the problem. However, since you know about the blind corner you have duty to take care when passing that parked vehicle.

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If you live in Georgia and have a will does your executor have to live in Georgia?

The quick answer is that No, the executor does not have to reside in Georgia. However, there are many reasons to not name an out of state executor. Winding up an estate can be a time consuming matter. If the executor does not live close to the estate, then that may cause delays, etc when trying to sell personal items and handle the closing of a home.

Unknowing hit and run

I would contact a lawyer and your insurance company about this. If you really did not know you were involved in a collision, then this may be a scam. Have your lawyer and your insurance company talk to the other person before offering anything. Furthermore, talk to a lawyer before talking to the police.

I went through a roadblock while i was moving out of my house. I had my pistol in the car. The officer wrote me a ticket for...

Georgia only prohibits hand gun possession if you're under 18. It's covered under code section: O.C.G.A. § 16-11-132 Which states: Possession of handgun by person under the age of 18 years (a) For the purposes of this Code section, a handgun is considered loaded if there is a cartridge in the chamber or cylinder of the handgun. (b) Notwithstanding any other provisions of this part and except as otherwise provided in this Code section, it shall be unlawful for any person under the age of...

Can I force sell inherited rental property my name is on the deed with half of the property willed to but not claimed by others

The quick answer is yes you can force a sale of the property. I would suggest that you contact an attorney in Savannah to help you since it appears that these co-owners are ignoring your letters.

My car was vandalized while at the repair shop. Is the repair shop liable for the damages since I left my car in their care?

I would to a little detective work first. Go to the police station and ask them if there were prior reports of vandals either at the shop or in the area. If so, it makes you case much stronger. Is this in a bad part of town? Were there lights in the area to prevent/reduce these types of problems. I would call the shop and ask them if they had turned the issue over to their insurer. If not, then ask them to do so. If they refuse, then you know where you stand. You may then need to seek...

I was in a car accident and the insurance adjustor came out and looked at the car and said it was totaled....

Where is this being reported? If CarFax, then see if you can contact them to find out where the information came from. I would suspect the insurer so you could start by calling the adjuster. Also, Georgia requires the insurer to pay diminished value on the vehicle. Adjusters have a bad habit of telling you they determine diminished value by using a formula. They may tell you the formula is approved by the insurance commissioner. Both statements are wrong and misleading. The only way to...

After a car accident, is the insurance company obligated to pay depreciation on the vehicle

In Georgia, the defendant is responsible for diminished value. This us supported by a Georgia Supreme Court Case. There are ways to set up the defendant/insurer for bad faith if they refuse to pay diminished value. The defendant/insurer may say they calculate the diminished value by using a formula approved by the insurance commissioner's office. This is false. The insurance commissioner has never approved such a formula. Have a proper diminished value appraisal performed, send this...