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Tanner Woods Pittman

Tanner Pittman’s Answers

288 total


  • I bought a house when I was single. The house was refinanced when I am married. My husband wants his name on the deed now.

    I have been paying mortgage for several years. Is the property money going to be split into half if there is a divorce? Why is it so easy to add somebody's name on the deed? I am the only name on the bank loan for the house.

    Tanner’s Answer

    Proceed with caution. Your bank loan documents probably state that you may not deed away any interest in the house to another party, or the bank may accelerate the loan.

    The reason it's easy to "add somebody's name on the deed" is that . . . well, that's not actually what you're doing. A deed is not like a car title, which shows record ownership of the property. A deed is only a document that memorializes a conveyance. It's "easy" to make a deed because by so doing you are merely showing that you are conveying an interest (usually a 1/2 interest) in the property to your husband. You're not putting him "on" some certificate of title.

    Generally speaking, deeding your property over to your husband would not affect your rights in a divorce action, which involves an equitable division of all marital property. But, as stated above, I recommend not doing it. If your mortgage company finds out, there could be trouble. Speak with an experienced lawyer if you need more guidance.

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  • Can you be sued by a realtor/homeowner for talking a potential buyer out of a sale?

    Someone is interested in buying a house so they ask the neighbors about the area (neighborhood, school, etc). If the neighbors answer honestly and those answers are negative (i.e. bad schools, high crime rate), and the potential buyers decide not ...

    Tanner’s Answer

    I agree with Mr. Riddle: anybody can sue. If they did, they'd probably try to state a cause of action for slander of title.

    But the facts you describe don't state a cause of action for slander of title, or slander of anything. You're in the clear.

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  • Power Of Attorney. Which state should I file in.

    I live in Georgia and will sign the document in Georgia. My agent lives in Louisiana and will sign the document in Louisiana. Should I file the document in GA or in LA?

    Tanner’s Answer

    You need not always file a power of attorney. Of those that I've drafted, I'd say only a small percentage have ever been "filed" as such. Generally, we do not do so unless the POA will affect real property. Otherwise, an unfiled POA is simply used and enforced by the bank officer, bureaucrat, or whomever else it is presented to.

    That said, if you were to file it, you'd want to file it in the records of the Clerk of Superior Court in the county in which you reside in Georgia.

    Be sure that, if ever you revoke the power of attorney, you likewise file the revocation and make a cross-reference to it on your original filing.

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  • My inheritance was put into a house, the house was sold and another house was bought, I want my inheritance back, what to do?

    The inheritance was received shortly before 2000, I was under the age of 18, and agreed to immediately put it to use to buy my family a home because I was told I would get it back with interest when the house sold, and then we ended up moving, and...

    Tanner’s Answer

    I agree with the other attorney commenting. This is a real problem. It'd be important for our analysis when you turned 18 and whether you got deeded a share in the house in return for your "investment."

    Consider speaking with a skilled probate litigation attorney as soon as possible.

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  • Should I probate my Mom's will in common or solemn I am the only child and she was divorced around 1954

    I understand from my research that solemn looks like the proper way to file and I understand that common has a period of time 4 years in Georgia waiting period there is a house and property left to me. My father died sometime around 1982

    Tanner’s Answer

    You should definitely probate the will in solemn form, given the facts as you state them.

    Common form probate, despite its name, is a very uncommon procedure in Georgia. Attorneys typically only use it if they need to open an estate quickly, so as (for example) to file a wrongful death action. It is rarely used to actually pass title to and deal with the estate property, for the reasons you cite in your question.

    In addition to the four years before title to property ripens under common form probate, there is some case law that would lead us to believe that even AFTER the four years, heirs or creditors could involve themselves in the estate and object to what went on.

    Do consider hiring an attorney to assist with even this simple probate action. Best of luck.

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  • Niece and nephews are in foster-care in Ma.. I Attempted ICPC, Georgia did home inspection problems we don't have viable income

    Can I get guardianship, kinship, and/or adoption? Parents willing to sign over guardianship. I have no interest in becoming a foster parent. I only want to get my love ones out of strangers. I am at a loss of what I can do.

    Tanner’s Answer

    I'm very sorry to hear of this difficult situation.

    If DFCS has determined through a home investigation that you don't have sufficient income to take placement of the child, then the best solution may be to increase your income. As regards the rest of the juvenile court proceedings, it seems more a question for a Massachusetts attorney.

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  • For the Final Return for a Will in Georgia, if I don't do it myself, should I have a probate lawyer or an accountant do it?

    I'm the Executor for my mom's Will in Atlanta (DeKalb County). I've handled all the paperwork so far on my own with an occasional lawyer review. It's time to file the Petition to Discharge. I hired a probate lawyer to do the Final Return and calcu...

    Tanner’s Answer

    • Selected as best answer

    I do these all the time. In fact, staff does a lot of the work. It shouldn't require an accounting degree. A good probate lawyer can handle it.

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  • How long do I have to claim this estate ?

    Dad I never knew passed in Feb . Get letter May first saying he wanted to leave his estate to his mother but the papers were not sent in and legalized so it's now mine. It's June sixteenth and I have received no paper work from this lawyer that co...

    Tanner’s Answer

    Almost every part of the situation you describe sets off alarm bells to me.

    I would strongly recommend working with a lawyer who specializes in estate and probate law. It's strange to me that the other lawyers you spoke to didn't think you'd need representation.

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  • How to get name off mortgage to house from exwife that refuses to remove it? Would like to purchase a new home with current wife

    While my brother was married to his ex wife, they purchased a home that was to be converted into a salon for her business. She abandoned him while he was still working on the house and left him with a $1700 mortgage. She would not sign paperwork n...

    Tanner’s Answer

    The language in your question reveals a slight misconception. My name is not "on" the mortgage to my house together with my wife's. It's not like she and I have *title* to that mortgage, and one of us can simply be "taken off" that title.

    Rather, I have promised to pay the bank, as has my wife. The bank doesn't care if I subsequently divorce, if my life plans change, etc. I promised, and the law will hold me to that promise.

    To know the above is really to answer your question: Your brothers' name can be "taken off" the mortgage only if the bank and his ex-wife agree. The bank must agree to come to new terms with the ex-wife, and she must agree to be the only one to shoulder the mortgage debt.

    Since there was a divorce, this is all stuff that should have been hashed out in the property settlement. If it was, the court can order the ex-wife to comply with the terms of the settlement. Of course, the court cannot order the bank to refinance a loan, since the bank was not made a party to the case.

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  • My lease is up soon. Unless we give notice to leave, it auto renews. I want to leave but roommate won't release me.

    Management has stated that BOTH me and my roommate must give notice to vacate before our lease is up. But he won't sign the vacate notice because he wants to stay. I want to move out. What can I do? I don't want to be liable for rent and get sued,...

    Tanner’s Answer

    • Selected as best answer

    Give your notice. The landlord cannot bind you to an "auto-renew" provision of the lease contract that ties your fate to another person's decision. By stating that you refuse to renew the contract, you are stating that you refuse to renew the provision that binds you to the roommate's renewal.

    You may have to go to court to hash this out, but in my opinion you'd win.

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