Georgia Law Blog

What should you know about adoption in Georgia?

Adopting a child is an incredible, but complicated experience. It is something to look forward to. However, there are many elements to the process and it can be difficult to navigate if you are not prepared.

There are certain parts of the adoption process that are consistent across the United States and there are other components that vary by state. What should potential parents be aware of during this process?

Choosing the right executor for your will

It's tough to think about the end of your life and since it's an uncomfortable topic, most people avoid talking about it. A majority of Americans don't have a will or estate plan in place and haven't legally planned for the inevitable. However, if you have a spouse, children or grandchildren, creating an estate plan with a will is an important way to care for their future needs.

One of the components in creating a will is assigning an executor. When you die, the executor administers your will according to your wishes and closes out your estate in accordance with the law.

Contract disputes: a broad universe in the commercial realm

Some uncertainties reign as constants in the business world, given its complex and challenging environment. Alliances change. Rivals emerge. Public tastes evolve. New technologies spur revolutionary developments.

In short, there is flux and, well, predictable unpredictability to contend with.

Rounding out your advisory team with proven legal counsel

There are likely some business-linked individuals in Georgia and elsewhere who proclaim top-to-bottom acumen concerning every aspect of a commercial enterprise. And it's just as likely that few - if any - of those people remain at the helm or near the top of their professions for long.

Business creation and sustained success is a slog. Entrepreneurs and prudent company principals know that in a fundamental way, readily conceding that challenges abound in the commercial realm. Those hurdles are not successfully negotiated by people unprepared to meet them and/or who fail to acknowledge that they can't steer a corporate ship all by themselves.

What Miranda Rights grant defendants

Just about everyone has seen a cop on TV on in a movie tell us suspect, "You have the right to remain silent." What they are doing is "Mirandizing" the suspect, or explaining basic rights they have. Real life police officers often Mirandize suspects when making an arrest as well.

It is important to understand that police are not always required to give a Miranda warning to a suspect while making an arrest. Only when law enforcement plans to interrogate an individual are they expected to read them their Miranda rights. If they do not and later change their mind, they must Mirandize the suspect before beginning the interrogation.

Estate executors are due a fee

Settling an estate is a major undertaking. Regardless of whether the executor is working with a modest holding or a large-scale estate, complete with trusts, stocks and bonds, the task will no doubt capitalize their time and effort for days or even weeks. Fortunately for anyone acting as an executor in Georgia, they are most likely due an executor's fee.

Executor's fees can be particularly complicated in Georgia, so be sure to speak to an attorney experienced in probate law for details regarding your specific situation. Generally, these are the rules regarding compensation for estate executors.

The specialized topic of variances in the zoning universe

Entrepreneurs and established business owners are always on the lookout for attractive business opportunities across the Atlanta metro area. Understandably, they sometimes envision a property use in a given location that is not tightly aligned with the types of businesses being run in the surrounding area.

That could be a problem. Alternatively, and with help from established land use attorneys, a so-called zoning "variance" might be obtained from municipal authorities that enables the creation of a non-conforming business.

Shoplifting is more than just pocketing an item

In late December, Atlanta police busted two shoplifting rings that had targeted Victoria's Secret stores throughout Gwinnett County. The haul: More than $300,000 in goods.

The thieves would shove items straight from counters and tabletops into garbage bags and shopping totes, then flee the store. They sometimes would hit the same store multiple times each day.

Could your pet be in danger during estate administration?

Does your estate planning account for your furry, scaly or feathered loved ones? If you are severely injured or die unexpectedly, have you decided what you would like to happen to your pets? Without a clear plan in place, your pets could end up in the wrong hands.

It is a sad fact that wonderful pets can end up in horrible situations if their owner dies. Too often there is no sibling or child to take them and they end up living out their days in an animal shelter, passed over for adoption because of their age or medical condition. In the face of an unexpected tragedy or financial burden, it is important that you include all your loved ones in your estate plan, big or small, four legs, two legs, or none.

A landlord's responsibility to manage pests

As a landlord, you want to do right by your tenants. Keeping a property investment well maintained and attractive means happier renters and a shorter turnover when tenants decide to move out. One issue that can occasionally plague rental properties is the matter of invasive pests.

Nobody wants to live in a home with a sudden infestation of roaches, spiders, rats or worse. Unfortunately, tenants are not always on the ball when it comes to reporting these issues. Oftentimes landlords will have no idea one of their properties has a pest problem until the invaders have already set up a nest.

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