Georgia Legal Blog

Superior Courts Have No Jurisdiction Over Testamentary Guardian Appointments

dcanale — Tue, 17 Aug 2010 17:40:43 +0000

In the recent case of Zinkhan v. Bruce, the GA Court of Appeals held that probate courts have exclusive jurisdiction over the apointment and removal of testamentary guardians. A testamentary guardian is a natural person appointed in a will to care for the child(ren) of another after that person’s death. In Zinkhan, two sets of aunts and uncles sought custody of two children after the murder-suicide of their parents. The Court held that a superior court lacked jurisdiction to award custody where a testamentary guardian has been appointed, since GA statute provides that probate courts have exclusive jurisdiction over such matters. Thus, a thirdy party may not bring an action in superior court to modify the custody granted by the probate court. Also, the UCCJEA does not grant a superior court jurisdiction under the “home state” provision of that statute.

One should always consult with an experienced family law attorney when faced with a custody issue. The laws of Georgia can be difficult to decipher, especially for a lay person. Having representation by an attorney with experience in this area can often mean the difference between success and disappointment. Our firm is experienced in this area of the law, and we stand ready to assist you with your case. Please give us a call and let us help you.

Support of Illegitimate Children

dcanale — Mon, 16 Aug 2010 15:24:34 +0000

The Georgia Court of Appeals recently issued a decision that should serve as a warning to all fathers of illegitimate children. In the case of Smith v. Carter, the Court clarified prior case law and held that a mother can collect up to the actual amount of her expenditures for supporting an illegitimate child from the father as a lump-sum back-child support award. In Smith, the trial court’s order was vacated and the case remanded for a determination of the father’s support liability in accordance with the Georgia child support guidelines. The Court also held that a trial court must apply to the guidelines to determine the father’s appropriate share of the mother’s expenditures.

Fathers with illegitimate children should not delay in legitimating their children and establishing a child support obligation. Had the case not been reversed, the father in Smith would have been stuck with a $70k judgment for back-child support. Always review your case with an experienced family law attorney to determine your rights and obligations.

Contacting Your Auto Insurer Even If You Didn’t Cause the Accident

dcanale — Tue, 03 Aug 2010 17:06:21 +0000

Many insurers have provisions into their policies requiring insureds to notify the insurer within a specified time after any accident, to preserve a possible claim under uninsured motorist coverage. Therefore, even if you do not believe that you are at fault, if you or anyone in your vehicle is hurt, even slightly, you should notify your insurance company at once. While the enforceability of such a provision may be in doubt, you should still give notice to preserve your rights.

Insurance Company Misses Deadline, May Be On The Hook For $10M Verdict

dcanale — Tue, 03 Aug 2010 17:00:57 +0000

Recently, a federal court jury in GA awarded over $10.1 million to the survivor of an automobile collision in which he was injured and his two children killed. State Farm, the other driver’s insurer, had been given the oppportunity to pay the limits of its insurance policy ($300,000) and then avoid trial. However, that deadline was missed, and the jury returned a substantial verdict for which State Farm may ultimately be liable.

Auto insurance law and personal injury claims frequently intersect to create legal issues which the average person cannot handle. That is why it is always important for an injured person to consult with an experienced personal injury attorney. Don’t count on getting a second chance to get your case right. Our firm has the experience and knowledge to assist you with your case, and we are ready to help you.

Watch Out For New GA Texting Law

dcanale — Mon, 02 Aug 2010 13:15:12 +0000

GA now has a statute that prohibits drivers from texting on their cell phones while driving. The statute reads as follows:

No person shall operate a motor vehicle on any public road or highway of this state while using a wireless telecommunications device to write, send, or read any text based communication, including but not limited to a text message, instant message, electronic mail, or Internet data.

The fine for violating this statute is $150. It will also apply to texting at a stoplight, stop sign or any other time that you are driving a vehicle. So, be very careful when driving (which you should be anyway!) and pull over if you have to text or surf in your car.

Legitimation Under GA Law

dcanale — Thu, 29 Jul 2010 16:38:49 +0000

Under GA law, children born to unmarried parents are considered illegitimate. OCGA 19-7-25 provides that only the mother is entitled to custody of an illegitimate child. Fathers of illegitimate children have no rights until the child is legitimated.

Generally, the best way to handle such a situation is for the father to file an action to legitimate the child and establish custodial rights by court order. This case must be filed in the mother’s county of residence. The father must show that he has not abandoned his opportunity interest to develop a relationship with the minor child and then that he is either fit parent or that legitimation is in the best interest of the child. Only after legitimating the child is the court then permitted to consider the parents’ respective custodial rights.

You should always seek the advice and counsel of an experienced family law attorney if you are involved in a legitimation/custody case. An experienced attorney can assist you in examining your legal options and evaluating your case. Our firm has experienced family law attorneys who can help you with your case. Don’t make the mistake of proceeding without an attorney. Your future relationship with your child could be at stake.

Perils of Settling A Personal Injury Case Without An Attorney

dcanale — Tue, 20 Jul 2010 15:07:49 +0000

It is not unusual in some personal injury cases for an insurance company to offer to pay the entire limit of its policy to an injured party. This generally occurs when the amount of damages are likely to exceed the policy limits. In Georgia, many drivers have minimum insurance coverage, generally $25,000. If medical expenses end up being several thousand dollars, then the insurer might offer to pay the policy limits in exchange for a full release for its insured. In that case, however, it will be important to preserve the injured party’s rights to proceed against any other available insurance. An unrepresented party is unlikely to know that other insurance could be available and that giving a full release in exchange for payment of the policy limits will likely deprive them of the chance to recover additional compensation from other insurance policies, especially uninsured motorist coverage that the injured party may have on their automobile insurance.

Always consult with an experienced personal injury attorney before accepting any settlement from an insurance company. Our firm’s attorneys can assist with your personal injury case and help preserve your rights to obtain the compensation to which you are legally entitled.

Insurance Company Pays Up For Driver Injured in Hit-and-Run Collision

dcanale — Wed, 07 Jul 2010 17:16:03 +0000

Our firm recently collected the policy limits on a case for a client who had been involved in a collision with a hit-and-run driver. The fleeing driver, who had a history of prior DUI convictions, struck our client’s vehicle and then fled the scene. Fortunately, a witness to the collision followed the fleeing driver and was able to assist law enforcement with finding him. His insurance company paid the entire amount of the liability policy within just a few days after receiving our firm’s demand.

Don’t hesitate to contact an attorney if you are injured in an automobile collision. An experienced personal injury attorney can advise you on your rights and can further assist you with pursuing your case against the driver of the other vehicle. Our firm has substantial experience in representing injured persons. Please call us for assistance. We stand ready to help you with your case.

Marital Conduct Impacts Award of Alimony But Not Amount

dcanale — Wed, 07 Jul 2010 17:06:07 +0000

GA divorce law provides that a trier of fact (i.e, the judge or jury) may consider the parties’ conduct during the marriage in deciding whether to award alimony, but evidence of the conduct is not admissible in determing the amount of the alimony awarded. See O.C.G.A. 19-6-1(c). Always consult with an attorney if you are considering a divorce. An experienced attorney can advise you on your rights and whether you can collect alimony or might end up paying it.

Supreme Court Affirms Marital Property Judgment

dcanale — Wed, 07 Jul 2010 17:00:28 +0000

The GA Supreme Court, in the recent case of Gonzales v. Gonzales, followed longstanding GA law and affirmed a lower court contempt judgment finding that property excluded from a divorce judgment remained jointly titled in the former spouses’ names. “The rule of law … is clear [that] … a divorce decree must specifically describe and dispose of property in which both parties have an interest or the decree will not divest either party of their interest in the property.”

The moral of this story is–always make sure that you fully disclose ALL property interests to your attorney, so that he can make sure that the property is covered by the divorce decree.