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Tanner Woods Pittman's Answers
- 47 Legal Answers
- 2 Legal Guides
2
Attorney answers:
Is there a legal issue if my boyfriend put the utility bills under his name even if I owned the home?
There's no problem here. This answer assumes there are no more relevant facts than what you've stated and that your boyfriend is not, for example, engaging in an elaborate fraud involving forgeries of real estate deeds.
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2
Attorney answers:
Does adding a name on the deed after purchase of the house incur tax?
Brief answer: no. There are two kinds of tax that you could be concerned about here: 1. Real estate transfer tax, and 2. Gift tax. If the deed is for no compensation, which is to say it is a "deed of gift." then you would pay no real estate transfer tax. See OCGA 48-6-2. As to gift tax, there is presently a $5 million gift tax exclusion in the U.S., so you'd pay no gift tax on transfers over that amount. But if the value transferred is more than $13,000, you still have to file a...
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4
Attorney answers:
Do lawyers back one another?
The legal world is small, has its own jargon, and is difficult to understand by outsiders. In the first place, many lawyers know each other and handle matters together as often as they oppose one another. In the second place, even the lawyer that opposes us often understands the legal implications of our position better than the client does. If that lawyer expresses his or her understanding in a way that the client doesn't quite get, it's easy for the client to feel like the lawyers are "...
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2
Attorney answers:
In Georgia, When does the seven days to appeal a dispossessory decision start?
The seven days in which to file an appeal commences from the time the judge signs the order resulting from your hearing. This order frequently is the writ of possession. Some courts, however, hand down a judgment for a writ of possession and then later sign the actual writ. Either way, it is the very first signed order of any kind, be it a judgement or actual writ of possession, that is appealable. IT must be appealed within seven days' time. If the judge has signed an order and the...
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2
Attorney answers:
What do I do?
Just a caveat to the above answer: the judgment creditor probably can "harass" you at your job. The FDCPA (the law that governs debt collections practices) applies generally only to debt collectors - not to the actual, original owners of the debt. If, however, you have paid your judgment pursuant to the terms of the consent, she has no legal right to garnish your wages. Be sure that, as you make payment pursuant to the terms of the consent, you obtain a receipt from the landlord.
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3
Attorney answers:
I presume that Family Law practictioners handle interdictions of mentally disabled persons. Is that correct?
Much of the time, yes. "Family law" is not clearly defined. However, guardianships (the Georgia term for "interdictions") and the like are perhaps more frequently the province of probate attorneys. Family law attorneys, on the other hand, will almost always handle divorce, custody, and child support proceedings. Those matters, as I have come to understand it, represent the core of "family law."
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3
Attorney answers:
Can my landlord evict me if I with-hold rent monies for repairs that haven't been fixed?
You POSITIVELY should pay your rent on time. Failure to pay rent, I assume, is the reason your landlord wants to evict. In Georgia, the obligation to pay rent is "severed" from the obligation of the landlord to make repairs. If he sues to evict and you go to court with the photos, you WILL be thrown out of the dwelling in as little as seven days. The judge will not allow you to use his failure to repair as a defense, I can guarantee. You may, naturally, sue your landlord for those...
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2
Attorney answers:
Need advice
No. By passing Ga Code section 19-3-1.1, the legislature outlawed the doctrine of common-law marriage for any union that began on or after January 1, 1997. You apparently missed becoming common-law spouses by a matter of weeks or months. The full text of the statute is: "No common-law marriage shall be entered into in this state on or after January 1, 1997. Otherwise valid common-law marriages entered into prior to January 1, 1997, shall not be affected by this Code section and...
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3
Attorney answers:
My Mother died seven years ago and had a Will. Her Will has not been probated. What if anything can I do? Sibling fight
If the will can be obtained, it should by all means be probated, even seven years out. If a will cannot be found, there are numerous options, exploring all of which would take more space than this answer blank allows. Perhaps the most prominent one would be to administer the estate without a will, under which scenario all heirs would share equally in your mother's estate. Another option would be to attempt to prove the contents of the lost will. Since it was likely drafted by an attorney,...
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2
Attorney answers:
When filling out a quit claim deed form is the property tax parcel the same as the map number on my property tax bill?
I assume you're referring to the PT-61 form as opposed to the quitclaim deed itself. If so, yes: the property tax parcel is the same as the tax map number and, in Georgia, usually looks something like this: 052-4A-000-068. There is no technical need to place a tax map number on a deed, quitclaim or otherwise. A legal description of the property is, however, required. I feel compelled to caution you about using office supply store forms. I have seen invalid deeds in deed records as a...
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