Duncan Hamilton Adams's Answers

GA real estate law, homeowners association fees, default on HOA dues

They can put a lien on your Condo. However, if you want to sell the Condo Unit, the buyer will likely want clear title and you will have to pay the HOA Condo dues at closing. The worst that can happen is that you will not be able to sell your Condo, your credit will be damaged and you may continue to rack up dues, interests, etc.

6 people marked this answer as helpful

We cannot locate a will that is known to exist. Can we proceed as if there was no will?

Greetings: As an experienced Avvo Atlanta, Georgia Probate Lawyer on Avvo Atlanta, Georgia Will Contest Lawyer, I suggest that you can proceed in limited capacity with probate the estate without the will. However, you need to be clear to the judge that you are sure there is a will and the administration of the estate should be limited to collecting and preserving estate assets. As such, since there is a will, only certain estate matters may be addressed while efforts are made to find the...

Selected as best answer

Can the executor of an estate that has no will negotiate how much money the children or child shall receive from the estate?

As an Atlanta, Marietta, and Kennesaw, Georgia probate lawyer, my strong opinion is that the executor is breaching her fiduciary duty to the son. It is improper for the executor to act in such a bullying fashion and not negotiate in good faith. See O.C.G.A. § 53-7-1. The executor has a duty to the heirs of the estate and must put the heirs’ interests above her own. In fact, the executor can be held personally liable under O.C.G.A. § 53-7-54 for not acting in accordance with her fiduciary duties....

Selected as best answer

When can I file Motion for Summary Judgment?

As an Atlanta business litigation lawyer, I would not only file a Motion to Compel, but a file a Motion for Sanctions against the opposing party and their counsel to recoup the attorney's fees and cost of being forced to litigate to acquire documents that should have been handed over long ago. With Best Regards, Duncan H. Adams ADAMS | MIHILL 3525 Piedmont Road, N.E. Seven Piedmont Center, Suite 203 Atlanta, Georgia 30305 dhadams@adamsmihill.com

3 people marked this answer as helpful

My sister is the executor of our mother's will. Ther has been progress in getting it filled with the probate court. what can do

As an Atlanta probate Lawyer who handles a large number of Georgia breach of fiduciary cases, I urge you to hire counsel to address your sister’s apparent and blatant breach of fiduciary duties toward your Mother, you and your brother as heirs and/or beneficiaries to your Mother’s estate and your Mother’s estate; the likely misappropriation of your Mother’s funds; the likely conversion of your Mother’s assets and would be estate assets; as well as abusing your Mother’s lack of capacity through...

1 person marked this answer as helpful

In Georgia, can privacy be allowed in court on a dead persons joint bank account while the estate is disputed.

As and Atlanta, Marietta, and Cumming, Georgia Probate Lawyer, I have seen many instances when the privacy of an individual’s affairs was desired and requested. However, because of the nature of legal action, this is not always possible. One option the executor should request is that bank account numbers be redacted (or marked through) to protect the privacy of the account. This can usually be done as long as this portion of the bank account is not pertinent to the inquiry or legal...

1 person marked this answer as helpful

Is it too late to claim part of my Father's estate?

As an Atlanta, Marietta, and Cumming, Georgia probate lawyer, I see this type of situation more often than you might think. The fact is, if no one takes the initiative to start the probate proceedings, your Father's Estate likely will not go through probate, and you will never receive any assets you are due. The courts do not seek out and force probate proceedings to occur unless there is a good reason for the County to get involved. Therefore, you should begin by seeing if your Father's...

1 person marked this answer as helpful

Georgia probate law.What is the pocedure for dealing with a will.And whats the diffrence between a Adminitrator and Executor!

Greetings: If you do not get on the ball, the property escheat (go by default) to the state of GA. However, you should talk to a clerk of the county in which your Grandmother and Father passed and file a Petition to Determine Heirs. You can find these forms at the following address: I would emphatically state that hiring an attonrey woudl be best as this seems to be a "mess" and will only get worse as time goes on. Neverhteless, to answer your question, a person who is in charge of...

1 person marked this answer as helpful

I am sole heir and executor in will do I need a lawyer to probate

Greetings: My name is Duncan H. Adams. I am a licensed Atlanta probate Lawyer with an active flexible wills, trusts & estates practice in Atlanta, Georgia. I heavily suggest you get a probate lawyer in Georgia. As my colleague from NV stated earlier, just because you are the only heir to your Father’s Estate, does not make the fact that your Father’s Estate need be probated go away. It does make it easy to find an attorney who can take on the matter for a fair price though. It also means...

My daughter has left her 2 kids with me, grandmother. How do I get temporary guardianship? She has gone to PA and I am in GA.

Greetings Dear Grandmother: You must petition the probate court in the county in which the children are living to acquire guardianships and Conservatorships over them. Having aguardianship and a Conservatorship over each child separately will give you the right to act in the children’s best interests and you will be in charge of their well-being for the most serious matters. Schools, hospitals, and any other such places will honor these court ordered guardianships and Conservatorships....