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Deborah Antonette Stewart

Deborah Stewart’s Answers

86 total


  • I have temporary guardinship of my grandkids, which parent gets them when guardinship is terminated?

    Deborah’s Answer

    The probate court will look at what is in the "best interests" of the children when making such a decision. I would consult with an attorney who handles guardianships for more specific advice based on the unique series of facts that relate to this matter. Good luck to you.

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  • I let a business partner borrow my card for a new business we were opening and he used it on his other businesses.

    Deborah’s Answer

    I agree with attorney Riddle in that a small claims action may be warranted in this case in order for you to recover your funds. You will need to establish that the party in question exceeded the scope of authority that you granted with regard to your credit card. You will bear the burden of proof so make sure you are prepared to prove your position in court. Magistrate court handles small claims cases in the State of Georgia.

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  • Is this a normal happening or a witch hunt? What should I do?

    Deborah’s Answer

    I agree with my colleagues. In this case, you might look into establishing a guardianship for your grandfather. He can revoke his POA at any time and the bank is trying to protect him. If all else fails, you made need court intervention via a guardianship to gain control for your grandfather's benefit.

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  • How long does a temporary guardinship last?

    Deborah’s Answer

    Generally, you should be providing annual accountings to the probate court regarding the guardianship and the status of the ward. I agree with my colleague's response in that you should review the paperwork you received from the court or contact them directly to see what is required of you as guardian.

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  • I'm not quite clear on the meaning of this Georgia Law regarding notice in Petition to Probate Will in Solemn Form

    Deborah’s Answer

    When probating a Will in Solemn form, you must provide notice of such to any heirs or beneficiaries of the decedent. This allows them an opportunity to contest the Will should they chose to do so (assuming they have standing), and provides them with notice of any proceedings with regards to the Will. The term "person" likely refers to the heirs or beneficiaries of the decedent. As for whether or not the probate court will modify the notice requirements, this is dependent on any motions that are filed and the specific circumstances surrounding such. You should consult with an attorney who practices probate law to get more specific answers to your question(s).

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  • How long can a continuance delay a disability hiring?

    Deborah’s Answer

    I agree with my colleague's response. Each hearing judge has his or her own calendar and schedulers. Assuming the request to continue your hearing was approved, your hearing will be reset by a scheduler for a new date and time. Your attorney will know the status of the motion and if reset, will be advised of the new hearing date and time, which will depend on the judge's current calendar of cases. That means your new date (again, assuming your request was approved by the judge) could be one or two months from your original date. You should contact your attorney.

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  • Will the out come of the court case, regarding a ticket for failure to yield, have any effect on my insurance rates?

    Deborah’s Answer

    If you pled guilty to the ticket you received, it will be on your driving record. Anyone with a legal right to see your driving history, including your insurance company, will have access to this. It is up to your insurance company to determine how it assesses risk and assigns rates based on this information. If found not guilty by the court, this would not be on your driving record.

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  • When and How does the LLC's Operating Agreements become effective legally, if they are still being worked on?

    Deborah’s Answer

    The operating agreement becomes effecitve once signed by the members of the LLC. If it has not been signed yet (executed), the document can be revised. If signed already, the document should provide for methods of amending or changing the agreement and you would need to follow those methods. If this was omitted in the drafting of the agreement, then the Georgia statute relating to limited liability companies would govern. A business law attorney can review what you have and advise.

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  • What will happen when an incompacitated person gets better and ends his/her conservatorship?

    Deborah’s Answer

    I agree with my colleagues. If a ward regains their capacity such that a guardianship/conservatorship is no longer warranted, and the court ends such, he or she would likely be granted access to all banking/financial data. Furthermore, the conservator should have been filing reports with the probate court, with a copy to the ward, so there should be no surprises, in theory. Termination of the conservertorship, which can only be done by court order, restores the rights of the ward.

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  • Do i need to be an llc as a photographer?

    Deborah’s Answer

    I agree with the posts of my colleagues. You will want to determine if you want to establish yourself as a corporation, LLC, or sole proprietor. Each has its advantages and disadvantages, and a business attorney can help you sort through the strengths and weaknesses of each type. In addition, you should make sure you have properly drafted bylaws (for corp) or an operating agreement (if an LLC), to govern the daily activiites of your entity. Otherwise, Georgia law will dictate what happens in the event of a dissolution or dispute, or death of a member, or yourself. Good luck to you!

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