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Sheila Louise Rambeck's Answers
- 45 Legal Answers
- 0 Legal Guides
2
Attorney answers:
GA state divorce laws, do i need to file for divorce in the same state where i married
In Georgia, you file for divorce in the county in which your spouse resides. If your spouse is agreeable, you can file for divorce in the county where you reside, if different from your spouses. But no, you don't file where you got married.
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2
Attorney answers:
Cost and time to file for bankruptcy
It depends on whether you are filing a Chapter 7 or Chapter 13 bankruptcy. Chapter 7 depends on the number and amount of debts, whether there will be any reaffirmations, and several other factors. Chapter 13 is usually more due to the length of time it takes and the amount of work involved.
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1
Attorney answers:
GA divorce laws and procedure, procedure for filing for divorce when wife's whereabouts are unknown, seeking default
You can get a divorce from your wife using the procedure known as "by publication." You need to find the newspaper that publishes legal notices in the last place your wife was known to live. You need to have them run the notice for four weeks (contact an attorney; there's specific wording that goes in this notice). You also need to have documentation of every method you used to find her, such as contacting parents and friends, etc. Then you can file for divorce in the county in which you...
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2
Attorney answers:
Are Roth IRA accounts protected if you file Chapter 7 bankruptcy (assuming I quailfy)??
Generally, retirement accounts are protected in a Chapter 7.
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3
Attorney answers:
Does a power of attorney interfere with next of kin inheriting properity of deceased if next of kin doesnt have POA?
A power of attorney does not survive the death of the person who granted it. A deceased person's property is distributed either by will (if one exists) or by the laws of the state in which they lived at their death. In Georgia, the deceased person's spouse and children would be the ones to inherit.
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3
Attorney answers:
To leave items to certain people although it's not included in my will.
You can make a separate list and have it notarized, but make sure you attach the document to the will where it will be found when something happens to you. You may also want to have two witnesses to the signing of that extra document to make it comply with the laws for wills in Georgia.
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1
Attorney answers:
Large medical bill after bankruptcy discharged
You cannot refile for a Chapter 7 until 8 years have passed from your filing date. The court may look at large purchases, but I doubt that medical bills are seen as such. You might want to contact the medical providers to arrange for some sort of payment, no matter how small, each month to keep the accounts from going to collection agencies. You might also talk to a debt management company to see if they can work out a plan for you.
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1
Attorney answers:
Keeping house/car in Chapter 7
An attorney would, of course, need to see all your documentation to determine the best course, but generally in a Chapter 7, you are able to keep your home and car provided you reaffirm the loan, don't have too much equity in your home, and if the exemptions provided by the bankruptcy code are enough to cover the equity you do have in your car and home. In a Chapter 13, you would need to be able to earn enough income to pay the plan that would be set up. It is doubtful that you would...
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3
Attorney answers:
Estate of mother
Since your sister is the executrix, I assume there was a will. You are entitled to whatever your mother said you could have in her will. The will (if there is indeed one) should be filed with the probate court in the county where your mother lived. You can read the terms of the will. If your sister does not comply as executor in carrying out your mother's wishes, you can file a case with the probate court to be awarded your correct share. If there is no will and your sister has been...
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1
Attorney answers:
Should I file a chapter 7 after my foreclosure or before
If you file for Chapter 7 before your foreclosure, you may be able to save your house and avoid the foreclosure. It would, of course, depend on your circumstances and how much debt you have other than your house, as well as how much equity you have in your home. You would need to talk to a bankruptcy attorney as soon as possible so that if you need to file before the foreclosure, you would be able to.
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