Friday, March 17, 2017

Real estate contract Georgia answers & exapmles

Q: I am my mom's poa. She has dementia and owns two houses that I believe I have to transfer the deed to my name. how?

She has a will that leaves me with everything but do before she dies, I should transfer the titles to me?
Lawyer Answer Michael David Birchmore

A: Don't work with a quitclaim deed to get this done. Take a lawyer the current title and ask them to draw up a guarantee dee with rights of survivorship. Do not fool around with this. It will cost you a lot of money to get it straightened out by carrying it out yourself in the event that you botch it. It is possible to typically get a deed done for between $75 and $150.

Q: A renter's washing machine flooded the unit - is the Tenant responsible for paying for the cleaning/repairs?

The Tenant had thought she turned it on, had fixed her malfunctioning washing machine and left for a number of hours. The machine flooded the finished basement area, including 3 rooms, carpeting, padding, floorboards etc....water extraction, carpet pad replacing, floorboard removal, dryout and replacement was needed. Renter maintains she isn't liable for the repair invoice. Since this was her washing machine, not supplied by the owner, I consider that she's responsible. Please counsel who's correct. The lease states tenant as responsible for damages beyond normal wear and tear of a home. That is in Atlanta, GA. Thank you
Lawyer Solution Paula J. Mcgill

A: In case you are the landlord and it was her washing machine, you have strong case to sue her for damages as a consequence of her gear that is malfunctioning. She should have renter's insurance. This is why a lot of leases require tenants to possess insurance for difficulties such as this.

Q: Without running water, is it possible to inhabit a rental property in the state of Georgia?

Attorney Solution Brian Lehman

A: If the home is uninhabitable, the owner isn't permitted to lease it. Lack of running water causes it to be uninhabitable. Here is the Georgia Landlord-Tenant handbook:

Q: I've a renter breaking a lease 4 months to obtain a house. What can the tenant financially be held responsible for?

I do not have 30-day notice in the lease. Could I hold him liable throughout the duration of his lease in the event the property cannot be rented by the time he moves out?
Attorney Reply Paula J. Mcgill

A: You can sue for the remainder of the lease, if there's not an early termination provision in the lease. When he turns in the keys he comprehends that you are taking the keys to ensure the house, not as approval of his early conclusion, just make sure.

Q: My father in law will probably sign the house title over to us do we want an attorney for this and what forms do we want

Attorney Answer Rachel Lea Hunter

A: You will need a real estate lawyer. There are really no forms unless you are considering using a quit claim deed form which you purchase at an office supply store or legal forms spot on the world wide web. Don't be economical and think because if something does not go then you'll end up costing yourself means more in legal fees to get a mess cleared up, you'll save a few dollars. Visit a property lawyer and possess an effective title prepared. Titles are not all that pricey. Nonetheless, some problems arise. While its swell that your father-in-law wants to give you property, there are gift tax consequences for him if the property is value. in over $13,500 There might even be a capital gains issue if the acreage is highly appreciated in value. Additionally, will he be needing Medicaid any moment in the next FIVE years? There are impacts there at the same time, if so. I believe your father in law has to sit back having a Medicaid or estate planning attorney and see what the top method is going to be for him to transfer the piece of land to you so as to prevent tax and other effects.


Q: We have been married now and are eligibleFor home, what do we need to demonstrate for this?

It states we can terminate if we become qualified for housing (military service members)
Lawyer Answer Patrick Korody

A: This is really a state law question - you should go see the base home office or the base legal assistance office. Normally, you are in need of a letter on official letter head which matches the requirements of state law.

Q: My father in law passed away without a will. My mother in the name of law and his name are both still on the title.

Who legally has my mother in law, possession/ rights to the home or my husband and his siblings? Or both?
Lawyer Response Dr Kenneth V Zichi J.D.

A: This is determined by HOW both their names were on the deed. Without seeing the files it's impossible to know what sort of shared ownership who might have a curiosity about the property, and it was. What's more, it depends on whether the children were the children of both spouses, and a number of other questions you don't reply in your post. The BEST guidance will be to talk to a local probate attorney to find out in what way the facts of your situation fit into the law in GA. Don't ASSUME anything, seek a legal opinion that is actual. -- This response is offered for informational purposes only and does not constitute legal counsel or create an attorney/client relationship. I am licensed to practice in Michigan only. Please seek competent local legal help should you're feeling you need legal advice

Q: How do I get my company (S Corp) to buy my residence, in Macon, GA, or is an easy transfer potential?

Lawyer Reply Robert Jason De Groot

A: It is my estimation which you require legal counsel for every real estate transaction.

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