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Tanner Woods Pittman

Tanner Pittman’s Answers

376 total


  • Can I revoke a donation of a property

    I Donate a piece of land to my brother now I want it back for ingratitude

    Tanner’s Answer

    Probably not.

    If you wrote a valid deed to your brother, which he accepted, and which was recorded, it is probably impossible to revoke.

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  • Can I do an ancillary probate in Georgia if the foreign estate is already closed?

    My father was the executor of my step mom's estate in TN where she died. The will was probated in TN, and the estate closed. My father recently died and left his home in GA to me. I checked the deed, and turns out there was no right of survivorshi...

    Tanner’s Answer

    You would probably want to have this handled by a lawyer rather than giving it a go on your own.

    Depending on where your father was domiciled when he died (i.e., it's easier if the answer is "Georgia"), this may be a matter of simply having the exemplified TN record recorded as a "muniment of title" in Georgia and then proceeding with probate of your father's estate as you ordinarily would.

    Do consider hiring a probate lawyer, preferably one that does title and real estate work as well.

    Best of luck.

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  • Can I Legally Start My Own City In The U.S.?

    I was just wondering if I purchase a large piece of land could I legally start my own city.

    Tanner’s Answer

    I love this question.

    Cities are creatures of the state. Some of the authority for recognizing cities has, in turn, been delegated to the counties.

    You may "start" a city any time you like, but to have recognition as an actual municipality usually requires 1. population, and 2. county and/or state charters as a city. These, in turn, require that the population of your city actually wants to follow your plans and become an independent municipality.

    Good. Luck.

    Incidentally, what are you thinking of naming your city?

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  • Can home builders use GA Power easements as landfills for relocating soil from construction sites?

    We bought a house 2 years ago in Ball Ground Ga. Our street (about 250 yds) of about 12 houses runs parallel to GA Power lines and easement. At the time we bought, the easement had vegetation and was 4-6 ft higher than street level. For the past...

    Tanner’s Answer

    Much would depend upon the wording of the actual easement, which you can find in the county deed room.

    I suppose the more interesting question is whether, as a nearby homeowner, you would have standing to complain about improper use of the easement, given you don't own the underlying land. Usually, soil and dirt isn't the kind of "nuisance" that would be actionable at law.

    Are you sure Ga. Power is aware this is going on? Maybe contacting them about the issue would get you somewhere.

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  • What can I do if a Judge is not allowing me to do my duties as a administrative asst over my Fathers estate?

    Since I've been sworn in to be over my Fathers estate this county has been giving me trouble. I was reading up on my duties and they will not let me do anything. The Judge won't even give me my Fathers house key do that I can try to sale it. Pleas...

    Tanner’s Answer

    Administration of an estate can be done in three or four . . .

    hundred

    easy steps. There is really no way to answer the broad question, "so what do I do" on a simple forum such as this. I'd direct you to the guide that the council of probate court judges publishes, link below.

    Alone the fact that you state the "judge won't even give me my father's house key" indicates to me that the administration process is indeed unclear to you. It is never the duty of a probate judge to give you a house key. (Unless, for some strange reason, he's been keeping it in his desk drawer). The judge doesn't control this estate; you do.

    I know you just mentioned funds are limited, but I'd still recommend scraping together the money to hire a lawyer. If you think attorneys are expensive, the "cost" of doing it yourself can actually be much more.

    Best of luck.

    https://www.gaprobate.org/loved_one.php

    http://www.georgialegalaid.org/resource/a-checklist-of-what-to-do-when-a-loved-one-di?ref=cfRX0

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  • Does my ex wife have to pay half of the repair cost when selling our house?

    I am in the process of selling my house and my ex wife is on the deed so she is asking for half of the profits, which I agreed to, but I have to pay to repair some things before the closing date. Since she wants to split the profits in half, shoul...

    Tanner’s Answer

    This depends upon the wording of your divorce decree and attached property settlement.

    Just based upon the wording of your question alone, the term "profits" itself implies income over expenses. Repair costs being an expense. So, if "profits" was the term in your settlement . . . well, you see what I mean.

    Run it by a lawyer. Even for a fee, it's worth having some peace of mind about this.

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  • Can they repo my car with no lien on my title?

    A loan company reposed my car last night but they have no lien on my title so i took my car back. Were they legally entitled to repo with no lien?

    Tanner’s Answer

    Perhaps not. The company may have taken a security interest in your care without perfecting a lien. If it did in fact have such a security agreement from you, then the repo was probably legal (and your re-repossessing your own car correspondingly illegal).

    If the lender had neither security interest nor lien, then you were probably in the right.

    For now, anyway. They could still pursue a judgment against you if you've failed to pay your debt as promised.

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  • If a person is listed as an "additional buyer" below the main body of a deed, what, if anything, are they entitled to?

    If I am listed as the buyer on the deed, and another person is listed as an "additional buyer", what does that entitle them to? Can they "WILL" their portion of the house to another party, not the primary buyer? My father and I own a home togeth...

    Tanner’s Answer

    I agree that there's no way to approach this other than to consult with an attorney. Most lawyers reading this question would have a number of concerns, perhaps the first of which is that one almost never sees an actual deed with the words "additional buyer" in it. That just isn't something that's done.

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  • How can i get my HOA to clarify a violation notification?

    I received a notification of a violation and that i would be fined $20.00 a day 20 days after the date on the letter of the notice. The date on the letter stated 05/25/2016, however the stamped date on the envelope showed 06/01/2016, I didn't rec...

    Tanner’s Answer

    Sorry to hear about your situation.

    I don't know that any attorney can tell you how to get them to answer the phone. In your place, I'd write them a certified letter, explaining essentially what you stated in this question.

    I have a general 'notice' problem with the way they treated you. If the first notice they gave you that your somehow not in compliance with the covenants was this letter, then they basically gave you no time at all to correct the condition they complain of.

    Mention this in your letter, demand that they clarify what's wrong with your house, and then ask them to show you specifically where in the covenants it authorizes them to take the action they're taking.

    Best of luck.

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  • My mother passed away in FEB 2016

    My mother had married in 2011, the man she married has now packed up all of her belongings and moved them to Florida. Her house is up for sale and he does not want the will probated. I don't want anything but my brother and sisters do. Now the wa...

    Tanner’s Answer

    I am sorry for your loss of your mother.

    I agree with Ms. Cambardella, and like her, I will assume you can't get your hands on the will. In your place, would immediately petition for temporary letters of administration over your mother's estate so that you become the person in charge. From there, I would gather and protect the estate assets, to the extent you can, as you petition for full administration with the will annexed.

    At some point, your mother's husband will be accountable for all of her property that he packed up and brought to Florida. If nothing else, it may reduce the size of his claim in the estate.

    I would beware of one thing here: if the husband has already listed the house for sale, then I assume he feels he has the right to convey the full title to a buyer. An immediate check should be done to determine whether he hasn't filed something in probate court (such as a petition for spousal support) that he may be trying to use to convey the house to himself.

    Do consider speaking with a local probate litigation lawyer quickly. Best of luck.

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