Property Law

How is an interest in property and why does it matter how property is owned?

Danger of DIY Legal Work

Sometime people want to avoid the expense of paying an attorney and they try DIY (do it yourself) fixes. Recently…

6 months ago

Promise of life estate, based on oral promise, could be enforced

In Farmer v. Farmer (decided March 15, 2024), the Georgia Court of Appeals reversed the trial court's grant of summary…

7 months ago

Notice of Residential Real Estate Broker Commissions Antitrust Settlements

Recently a notice was published concerning a class action where the Plaintiffs alleged that real estate brokers engaged in anticompetitive…

10 months ago

Uniform Partition of Heirs Property Act

The Uniform Partition of Heirs Property Act ("UPHPA") has been enacted in 21 States. It is designed to preserve family…

2 years ago

What makes a signature valid in Georgia?

The dictionary definition of "signature" is "a person's name written in a distinctive way as a form of identification in…

2 years ago

Deed found to be valid despite allegations of undue influence

In Estate of Bane (Tenn. Ct. App. 3/23/2022), Martha Bane gave her son, John Bane, a power of attorney with…

3 years ago

Declaratory Judgment Vacated Because It Would Have No Immediate Effect on the Parties’ Conduct

On March 15, 2022, the Georgia Court of Appeals decided Willis v. Cheeley (A21A1730). There, a contested probate proceeding boiled…

3 years ago

Oregon’s Expanded Medicaid Estate Recovery Pulls Home Back Into Estate

In Department of Human Services v. Hobart, the Oregon Court of Appeals ruled, on March 2, 2022, that Oregon's Medicaid…

3 years ago

Declaratory Judgment Denying All Future Claims by Non-Parties Exceeded Court’s Authority

In Walker v. Richmond (Ga. Ct. App. 3/1/2022), a Tennessee probate case crossed into Georgia in the context of a…

3 years ago

How Do I file a Deed in Georgia?

The first step when filing a deed is to have the deed prepared. Although it is not required, we suggest…

3 years ago