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AV Preeminent Peer Rated Attorneys
Ellenwood Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Ellenwood Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
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  • 2566 Shallowford Rd. NE, Ste. 104, Atlanta, GA 30345

  • 169 Decatur Road, McDonough, GA 30253

  • Stone Mountain, GA 30086

  • College Park, GA 30337

  • 4375 Drayton Woods Court, Tucker, GA 30084

  • 1590 Patricia Ct., Smyrna, GA 30082

  • 4651 Roswell Road, Building D-302, Atlanta, GA 30342

  • 2302 Brockett Road, Suite A, Tucker, GA 30084-4416

  • 1950 North Park Pl., Ste. 400, Atlanta, GA 30339

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  • 1514 E. Cleveland Ave., Ste. 115, Atlanta, GA 30344

  • 1718 Peachtree St., N.W., Ste. 581, Atlanta, GA 30309

  • 1830-D Independence Sq., Atlanta, GA 30338-5156

  • 2319 Haven Ridge Dr. N.W., Atlanta, GA 30305-0414

  • 8300 Dunwoody Pl., Ste. 200, Atlanta, GA 30350

  • 1700 Water Pl., Ste. 306, Atlanta, GA 30339-2006

  • 160 Clairemont Avenue, Suite 440, Decatur, GA 30030

  • 303 Peachtree Street, N.E., Atlanta, GA 30308

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Commonly Asked Estate Planning Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

May I deed property under mortgage to my sons while retaining responsibility for paying same?

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Answered by attorney Mark Schaefer (Unclaimed Profile)
Estate Planning lawyer at Elder Law Office of Mark Schaefer PC
Leaving aside the practical question of whether this is a smart thing to do, the legal answer is that it depends on what your Security Deed or Deed to Secure Debt says. In most standard documents, any transfer of ownership interest is an event of default that would allow your Lender, usually at their option, to declare the full amount due and to foreclose if you don't pay. So, read your security instrument, and to be extra safe, get written permission from your lender to do this before you do it. However, even before that, you may want to discuss the wisdom of such a move with an estate planning attorney. There may be better options.
Leaving aside the practical question of whether this is a smart thing to do, the legal answer is that it depends on what your Security Deed or Deed to Secure Debt says. In most standard documents, any transfer of ownership interest is an event of default that would allow your Lender, usually at their option, to declare the full amount due and to foreclose if you don't pay. So, read your security instrument, and to be extra safe, get written permission from your lender to do this before you do it. However, even before that, you may want to discuss the wisdom of such a move with an estate planning attorney. There may be better options.
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Will has been change by POA what can we do

Answered by attorney Terry Lynn Garrett
Estate Planning lawyer at The Garrett Law Firm, PLLC
Only your mother or, under court instructions, a guardian can change her Will.  However, agents under a POA frequently must sell things mentioned in the Will in order to pay for someone's care.  That is not hanging the Will.  However, if you have evidence tending to prove that assets were taken and hidden, please discuss this with a local probate attorney.
Only your mother or, under court instructions, a guardian can change her Will.  However, agents under a POA frequently must sell things mentioned in the Will in order to pay for someone's care.  That is not hanging the Will.  However, if you have evidence tending to prove that assets were taken and hidden, please discuss this with a local probate attorney.
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Does a trust protect the assets if the owner, or spouse, has to go into a nursing home. I am told the assets must be protected 5 years prior to this h

Seth Joel Meyerson
Answered by attorney Seth Joel Meyerson (Unclaimed Profile)
Estate Planning lawyer at Meyerson Law Firm
It appears that this is a Medicaid Asset Protection Question / Medicaid Estate Recovery question. The answer to this is complex. A trust can protect assets. Transfers of property in certain situations can be exempt for the purpose of determining Medicaid eligibility.  You need to discuss your specifics with a GA elder law attorney.
It appears that this is a Medicaid Asset Protection Question / Medicaid Estate Recovery question. The answer to this is complex. A trust can protect assets. Transfers of property in certain situations can be exempt for the purpose of determining Medicaid eligibility.  You need to discuss your specifics with a GA elder law attorney.
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