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AV Preeminent Peer Rated Attorneys
White Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
White 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).
  • 202 S. Erwin St., Ste. 101, Cartersville, GA 30120

  • Marietta, GA 30061

  • 324 Cherokee Street NE, Marietta, GA 30060

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  • 4396 Earney Rd., Woodstock, GA 30188-5600

  • 4396 Earney Rd., Woodstock, GA 30188

  • 301 Creekstone Ridge, Woodstock, GA 30188-3875

  • 520 Powder Springs St., Marietta, GA 30064

  • 457 Nathan Dean Blvd., Ste. 105-163, Dallas, GA 30132

  • 3595 Canton Rd., Ste. 116, Marietta, GA 30066

  • 351 Washington Ave., Ste. 100, Marietta, GA 30060-2025

  • 324 Cherokee St., Marietta, GA 30060

  • 1105 N. Tennessee St., Cartersville, GA 30120

  • 162 W. Main St., Ste. 303, Cartersville, GA 30120

  • 4286 Bells Ferry Road, Suite 214, Kennesaw, GA 30144

  • 121 West Church Street, Cartersville, GA 30120

  • 707 Whitlock Avenue SW, Suite D32, Marietta, GA 30064

  • 600 Kennesaw Avenue, Northwest, Suite 500, Marietta, GA 30060

  • 2265 Roswell Road, Suite 100, Marietta, GA 30062

  • 127 Church Street NE, Suite 340, Marietta, GA 30060

  • 5 S. Public Square, Suite 301, Cartersville, GA 30120

  • 2550 Sandy Plains Rd., Ste. 225, Marietta, GA 30066

  • Waleska, GA 30183

  • 707 Whitlock Avenue, SW Building E, Suite 19, Marietta, GA 30064

  • 127 Church St. N.E., Ste. 360, Marietta, GA 30060

  • 570 Colonial Park Drive, #303, Roswell, GA 30075

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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.

We have been living in heir property for 3 years during probate proceedings. We were called by a third party and said we have to move within 2 weeks.

Robert W. Hughes
Answered by attorney Robert W. Hughes (Unclaimed Profile)
Estate Planning lawyer at Robert W. Hughes & Associates, P.C.
Not knowing who the third party is makes answering your question difficult.  It could be that the third party is the administrator of the estate.  If so, he has a right to bring an eviction proceeding. If it is the administrator of the estate, he is not a third party.  He actually is the only person with authority to deal with the property. Presumably you have been paying rent to someone during the time that you have lived in the property? In any eviction proceeding, the party bringing the claim will have to prove that he has the legal right to dispossess you.
Not knowing who the third party is makes answering your question difficult.  It could be that the third party is the administrator of the estate.  If so, he has a right to bring an eviction proceeding. If it is the administrator of the estate, he is not a third party.  He actually is the only person with authority to deal with the property. Presumably you have been paying rent to someone during the time that you have lived in the property? In any eviction proceeding, the party bringing the claim will have to prove that he has the legal right to dispossess you.
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Will my husbands name be on the title?

Answered by attorney David Goldman
Estate Planning lawyer at Law Office of David M. Goldman PLLC
Since you are married, if you died before him, then he would have the right to a life estate (live in the home for his life) or 1/2 the proceeds from the sale of the home unless you had him sign away his rights through a deed or post nuptial agreement.
Since you are married, if you died before him, then he would have the right to a life estate (live in the home for his life) or 1/2 the proceeds from the sale of the home unless you had him sign away his rights through a deed or post nuptial agreement.
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How can I obtain a power of attorney from my father who has dementia?

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Answered by attorney Mital Devendra Patel (Unclaimed Profile)
Estate Planning lawyer at Patel Eisenhower, PLLC
Your father be the one to sign a power of attorney appointing you. However, since he has dementia he will obviously not be able to. You will need to speak with an attorney about a Conservatorship petition asking the court to appoint you as the conservator.
Your father be the one to sign a power of attorney appointing you. However, since he has dementia he will obviously not be able to. You will need to speak with an attorney about a Conservatorship petition asking the court to appoint you as the conservator.
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