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Frequently Asked Questions2018-04-25T22:29:19+00:00

What To Expect

DALLAS GEORGIA, METRO ATLANTA

 – ETATE PLANNING & CIVIL LITIGATION ATTORNEY –

Below, you will find answers to some of the most common questions clients ask us about meeting with an attorney for the first time, general litigation, and matters specific to estate planning, probate, real estate, collections and corporate litigation matters.

We want to help you make sense of the issue that concerns you. Every legal matter is different, so if you do not find the answer to your specific question, please give us a call at (678) 674-6050 or request a consultation.

Estate Planning Questions

  1. When is a Will considered invalid?
    There are several reasons a will may be determined “invalid.” The three most common reasons include:
    i. A second or revised Will has been written. In most cases this nullifies the first or previous Will.
    ii. The Will is not signed or signed properly. Georgia law requires the signature of the person making the Will sign with two witnesses. These witnesses should not be beneficiaries; but if they are beneficiaries, they usually cannot receive property under the Will.
    iii. The person making the Will is not competent at the signing of the Will or is signing under the undue influence of another.
  2. Do I need a Guardianship or Power of Attorney to make decisions for my aging parents?
    A Guardianship will allow you to manage your parents’ affairs and will allow you to make decisions regarding where they reside. A Power of Attorney is limited to the management of financial matters. Speak with an attorney to determine whether your situation warrants a Guardianship or Power of Attorney.
  3. Is Probate necessary?
    Georgia law does not require an estate to go through probate court. However, probate is best to protect against liability and to prevent the potential of costly problems in the future.
  4. How long does probate take?
    In Georgia, probate can take 6 months to a year on average. The size of the estate is a key factor in the process. The larger the estate, the longer it typically remains in probate.
  5. My family member has been diagnosed with Alzheimer’s Disease. Can they legally sign a Power of Attorney?
    Alzheimer’s is known as a progressive disease. If your family member is in the early stages of the disease, they may be deemed competent enough to sign a Power of Attorney only if a Guardianship or Conservatorship has not been executed.

Civil Litigation Questions

  1. How do I know if I have a legitimate claim for a lawsuit?
    Ask an attorney by filling out and submitting the online form to your right. An experienced attorney is the best resource to help you determine if you have a viable case. A skilled attorney knows the laws that will apply to your specific situation and can listen to your story to offer professional guidance from the initial consultation through the end of the process.
  2. What is considered commercial real estate?
    Commercial real estate is generally defined as real property used for business or income producing purposes. It can involve the lease of office space and buildings, a new office construction, farms and factories. 
  3. Which court should I use to file a landlord-tenant dispute?
    When disputes between landlords and tenants cannot be resolved by a simple conversation or mediator, a dispute can be taken to most small claims courts. With the assistance of an attorney, typically your claim can be resolved in a small claims court quickly and effectively.
  4. My landlord has not responded to my calls for repairs. Am I obligated to pay rent?
    In most cases, “yes.” In Georgia, renters are required by law to pay rent regardless of the actions of the landlord.
  5. How long is the statute of limitations for collecting a debt?
    Statues of limitations are generally 3 to 6 years and vary by state and type of debt.
  6. How does a collection affect your credit score?
    Credit scores drop when accounts are reported to the credit bureaus as collections. Typically, the higher the credit score, the greater the reduction in the credit score.

Client Checklist

  1. Bring pen and paper.
    During your consultation with Mike Mason, bring pen and paper to take notes to refer back to when needed.
  2. Bring a list of questions.
    Write down as many questions as you can think of before your initial meeting. This will help you organize your thoughts and will help you remember what you want or need to know about your case while speaking with anyone from our legal team.
  3. Bring copies of any documents that you believe may be helpful.
    Bring copies of any documents you feel may help explain your case and support your position. Leaving copies with our office will ensure that we have all of your helpful information to review during your initial consultation and afterwards during follow-up calls or meetings. Always keep a copy for your personal records.
  4. Bring your initial fee to the consultation, if applicable.
    Certain cases will require an initial consultation fee. We always like to discuss consultation fees with prospective clients before an initial meeting. Therefore, please call or email our office to determine whether this requirement applies in your matter.
  5. Bring an open mind.
    Be prepared to discuss all the details of your case including the facts that may not present you in the best light. Understanding your position from the onset, no matter whether you think it is positive or negative, will help your lawyer build the best argument for your case.

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Why People Trust This Paulding County Law Firm

“Recently my wife and I received assistance from Mike Mason for the purpose of revising our Last Will and Testament in the context of our overall Estate Planning. We appreciated greatly the information and guidance that he provided as he helped us craft a document that provided us with confidence and peace of mind considering the future disposal of our estate. The process was accomplished with convenience, thoroughness and in a timely manner. We would recommend Mike without reservation.”

George

“I recently hired Mike to help me sort out an issue with my mother’s life insurance. He was very patient and personable, very understanding at times that I would get emotional. He communicated very well and was organized and honest. Overall great experience, I highly recommend! Thank you Mike!”

A.H.

“I was referred to Mike’s firm after hitting several walls with other firms…After listening to my situation without hesitation, he accepted the challenge. Within one week he contacted the other party and within the same day he had results…Mike Mason not only was able to get my garnishment stopped, he also recouped my garnishment and in addition recouped my attorney’s fee’s along with damages totaling $3,000…If you want results and you want them fast- call Mike Mason, he will work in your best interest.”

Tracy

“I have worked with Mike on a couple of cases as an expert witness. Mike was always prepared, had his facts in order, was very professional, and is my go to attorney if I have a legal issue. I will definitely be using Mike again and would recommend him to anyone seeking legal counsel.”

Robert
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