Bloodworth, Crowley & LeverettThe Firm You Call When Good Enough Is Not Enough2026-10-23T20:10:26Zhttps://www.bloodworthlawoffice.com/feed/atom/WordPress/wp-content/uploads/sites/1304157/2021/10/cropped-favicon-32x32.pngOn Behalf of Bloodworth, Crowley & Leverett<![CDATA[What if a title search uncovers an old mortgage?]]>https://www.bloodworthlawoffice.com/?p=471072026-10-23T20:10:26Z2026-10-23T20:10:26ZWhen does an old mortgage become unenforceable?
Georgia typically uses “security deeds” rather than traditional mortgages. When a loan is paid in full, the lender generally has 60 days to furnish the necessary cancellation documents for recording.
What happens when that never occurs? Under Georgia law, atitle conveyed through a security deed generally reverts to the property owner seven years after the loan's stated maturity date. If the deed doesn't specify a maturity date, the seven-year period generally runs from the date of the deed.
There are some exceptions. Certain security deeds containing language establishing indefinite security interests may remain effective longer. Properly recorded renewals or affidavits can also extend the applicable period. This means a security deed may have lost its legal effect even though it still appears in the public records.
How can you resolve an old mortgage issue?
If a title search uncovers an old security deed, the next step is determining whether it remains enforceable. Depending on the circumstances, resolving the issue may involve:
Determining its maturity date and whether the statutory reversion period has expired.
Looking for recorded renewals, affidavits or other circumstances that may affect the reversion date.
Contacting the lender or its successor for the necessary documentation if the loan was paid off.
Taking the necessary legal steps when the records don't adequately establish that the lender's interest has ended.
In some cases, it may be necessary to pursue a quiet title action to resolve uncertainty about ownership. A Georgia real estate attorney can review the property's chain of title, determine whether the lender retains any enforceable interest and identify the steps necessary to clear any remaining title issues.]]>On Behalf of Bloodworth, Crowley & Leverett<![CDATA[How can you resolve common real estate disputes in Georgia?]]>https://www.bloodworthlawoffice.com/?p=471052026-10-22T15:42:48Z2026-10-22T15:42:48ZWhat causes real estate disputes?
Property disputes can take several forms. Common examples in Georgia include:
Boundary disputes: Neighbors disagree about where one property ends and another begins
Contract breaches: A buyer or seller fails to follow a real estate agreement.
Easement disputes: Property owners disagree about someone's right to use another person's land.
Title disputes: Two parties claim ownership of the same property or question ownership records.
For example, a homeowner may discover that a neighbor's fence crosses the property line. Similarly, a buyer may face problems when a seller fails to complete promised repairs. These situations can lead to financial losses or limits on property use. However, the right solution depends on the facts of each dispute.
How can you resolve real estate disputes?
First, gather documents that support your position. These may include deeds, surveys, purchase agreements, emails and payment records.
Next, consider discussing the problem with the other party. A direct conversation may help clear up mistakes before the conflict grows.
If that fails, mediation may offer another option. A neutral mediator helps both sides discuss solutions without deciding the outcome.
However, some disputes require court action. For example, a judge may need to decide who owns disputed land or whether someone broke a contract.
Deadlines also matter. Under Georgia law, most claims involving simple written contracts have a six-year filing deadline. Other disputes may have different deadlines.
How can you protect your property rights?
Taking action early can help prevent a property dispute from becoming more costly. Keep clear records, review agreements carefully and avoid making changes to disputed land before confirming your rights.
If the disagreement continues, a real estate attorney can review your documents and explain your options. An attorney can also help you negotiate a settlement or present your case in court.
Understanding your rights can help you make informed decisions and protect your Georgia property.]]>On Behalf of Bloodworth, Crowley & Leverett<![CDATA[What happens if a beneficiary in your will dies first?]]>https://www.bloodworthlawoffice.com/?p=471032026-10-08T03:49:07Z2026-10-08T03:49:07ZCreating a will allows you to decide how your property should be handled after death. However, circumstances can change between the time a will is signed and the time the estate is eventually distributed. One serious situation is when the person named as a beneficiary dies before the person who made the will.
Georgia law addresses this situation through its anti-lapse statute. It states that a gift does not necessarily fail simply because the named beneficiary died first. Whether the inheritance passes to the beneficiary's descendants depends on the wording of the gift and other circumstances surrounding the will.
What happens to the beneficiary's share?
If the deceased beneficiary has living descendants when the person who made the will dies, Georgia law may allow those descendants to receive the inheritance. The rule applies when the gift was absolute and was not subject to a remainder, limitation or other condition.For example, if a Georgia resident leaves an outright gift to a child who later dies before the parent but leaves children of their own, those grandchildren may receive the deceased child's share under the state's anti-lapse law. The distribution follows the proportions that would apply if the property had passed through the deceased beneficiary under Georgia's intestacy laws.
When should you update a Georgia will?
A beneficiary's death is an important reason to review an estate plan. Even when Georgia's anti-lapse statute may protect a gift, the existing will might no longer reflect your wishes.You may want the deceased beneficiary's share to go to someone else, or you may want to provide different instructions for the beneficiary's descendants. In these cases, reviewing the will can help identify outdated provisions that could lead to disagreements during probate.With the help of an estate planning legal team, you can re-examine the document to make sure that all details are as desired. ]]>On Behalf of Bloodworth, Crowley & Leverett<![CDATA[Why are title searches important?]]>https://www.bloodworthlawoffice.com/?p=471002026-10-03T00:38:21Z2026-10-03T00:38:21ZBuying property is a major financial decision. However, before closing on a home, land or commercial property, it is important to know whether the seller has a clear right to transfer ownership.
What may appear to be a straightforward sale can sometimes involve issues from previous owners or transactions. A problem hidden in the property's history could surface after the purchase, leaving you to deal with an issue they did not create.
Why does a Georgia buyer need a title search?
Georgia property transactions rely on accurate title records. A title search gives buyers an opportunity to identify potential problems before they become their responsibility.Some important benefits include:
Finding outstanding liens: Unpaid debts connected to the property may affect the buyer's ownership.
Confirming ownership: The search can help establish whether the seller has the legal interest needed to transfer the property.
Identifying easements: Recorded rights may allow others to use part of the property for access, utilities, or other purposes.
Uncovering past errors: Mistakes in deeds or earlier transactions can create questions about the property's ownership history.
Supporting title insurance: The information found during the search can help identify risks that may need to be addressed before closing.
These problems can create serious complications after a purchase. For example, you may discover that a creditor has a valid lien against the property or that another person claims an interest in the land.Finding these issues before closing gives the parties an opportunity to address them rather than discovering them after the purchase is complete.A title search can give a Georgia buyer a clearer understanding of what they are actually purchasing and help prevent unexpected ownership problems later. Because title issues can involve complicated property records, seeking legal guidance before closing can help protect your interests. ]]>On Behalf of Bloodworth, Crowley & Leverett<![CDATA[What tasks does an estate executor handle?]]>https://www.bloodworthlawoffice.com/?p=470852026-09-14T11:23:27Z2026-09-14T11:23:27ZAn estate executor is the person who administers an estate after another individual passes away. There are many different duties and responsibilities that they have to take on.
Some of these are procedural. They may need to obtain copies of the death certificate, for example. They may need to file the will with the probate court so that the probate process can get started.
Notifying the beneficiaries
Additionally, the estate executor is often the person who provides all of the paperwork to the beneficiaries. They may need to give these beneficiaries a copy of the will, for example, so that they know what they are going to inherit. At the same time, the estate administrator may need to inventory the existing assets, gain access to bank accounts and take other important steps so that those assets can be distributed in accordance with the will.
Addressing outstanding debts
Furthermore, it is often the estate executor who has to handle any obligations that the estate still has. This could include paying property taxes or income taxes to the government, for example, or handling estate taxes.Even for relatively minor expenses, such as credit card bills, the debt remains. It is not inherited by the beneficiaries, however. Instead, creditors make claims against the estate, and the estate administrator pays these claims before distributing assets to beneficiaries.These are just a few of the important duties that an estate administrator will take on, and they help to show why it is so important for those going through this process to understand exactly what legal steps they will need to take.
]]>On Behalf of Bloodworth, Crowley & Leverett<![CDATA[What’s the difference between common and solemn form probate?]]>https://www.bloodworthlawoffice.com/?p=470842026-09-28T09:04:39Z2026-08-28T22:37:30Zcommon” or “solemn” form for validation. The primary difference between the two involves notice to the heirs and how firmly the proceeding establishes the will’s validity.
Common form is usually faster and requires less notice, while solemn form provides greater protection against future challenges. The choice can have significant consequences for an executor and the beneficiaries.
Speed versus certainty
When a will is offered for probate in common form, the executor is generally not required to provide advance notice of the proceedings to the deceased’s heirs. That’s a quicker process that can be useful when the family of the deceased is united and no challenges are expected.
However, an order admitting a will in common form is not immediately binding on heirs who did not receive notice. An heir may generally challenge the will up to four years after it is admitted to probate (with different rules possible for minors and those who are disabled).
Probate in solemn form requires notice to all of the deceased person’s heirs before the will can be accepted and the remaining process begins. This means the people who would inherit under Georgia intestacy law must receive notice even if they are not named as beneficiaries in the will. Each heir must then be given an opportunity to examine the will and make an objection, if they have one. If none are made, the court may then admit the will in solemn form.
Solemn form may be the safer choice when substantial assets are involved, someone was disinherited or other family conflict is likely because it generally prevents heirs from raising challenges later.
Probate is an intricate process with a lot of rules that must be carefully followed. Legal guidance can make it easier to navigate the steps and keep the probate process in motion.]]>On Behalf of Bloodworth, Crowley & Leverett<![CDATA[What if zoning rules change after you buy property?]]>https://www.bloodworthlawoffice.com/?p=470822026-08-21T14:20:10Z2026-08-21T14:20:10ZAn existing use may remain allowed
If you already used the property legally before the zoning change, you may have a nonconforming use. This means the old zoning rules allowed the use, but the current rules do not.
Local rules may still limit changes to that use or restrict how much you can expand it. A lawful existing use therefore differs from a project that you had only planned.
Buying land under one zoning classification does not, by itself, guarantee that you can develop it under those rules later.
Earlier approvals may protect your plans
Georgia law recognizes vested rights in some development projects. A vested right may allow you to continue under an earlier zoning rule after the local government changes it.
The source of that right matters. Georgia courts have recognized vested rights tied to valid permits, properly filed permit applications and development plans that local officials approved. In some cases, spending substantial funds after relying on official assurances may also support such a right.
A permit or approval therefore may do more than show how far your project had advanced. It may affect which zoning rules govern the work.
Review records from before the change
You may want to gather permits, approved plans and records of what local officials told you. It may also help to note when you received each approval and when the new zoning rule took effect. Those records could help you assess how the change affects your project and prepare for the legal process.]]>On Behalf of Bloodworth, Crowley & Leverett<![CDATA[Why do families often argue about property after a loved one dies?]]>https://www.bloodworthlawoffice.com/?p=470752026-08-16T01:18:27Z2026-08-16T01:18:27Zlegal team that handles estate planning can help identify potential areas of disagreement before they develop into costly legal claims.
Beneficiaries may have different plans for the same property
Leaving a house equally to several children may appear fair, but equal ownership does not guarantee that the beneficiaries will agree about its future. One beneficiary may want to sell the property and receive their share of the proceeds, while another may wish to live in the home, and a third may prefer to retain it as a rental investment.
Because of the responsibilities that come with inheriting a property, there may be disagreement over management and control. This can delay estate administration and reduce the property’s value.
Verbal promises may conflict with estate planning documents
Property disputes can also arise when family members rely on conversations they had with the deceased person. While verbal statements do not automatically change the terms of a valid will or trust, the child who relied on the promise may challenge the estate plan or accuse another beneficiary of interfering with the parent’s decisions.
To avoid these kinds of situations, it is crucial to update a will, trust or deed to provide stronger evidence of the property owner’s intentions, should they shift after the initial creation of estate planning documentation. An effective estate plan should explicitly state enforceable instructions that reflect the creator’s intentions and minimize opportunities for disagreement during estate administration.]]>On Behalf of Bloodworth, Crowley & Leverett<![CDATA[Estate planning for blended families]]>https://www.bloodworthlawoffice.com/?p=470722026-08-06T18:22:25Z2026-08-06T18:22:25ZBalancing the needs of your spouse and children
A blended family is a household formed when two adults come together, bringing children from past relationships or having children together. According to the Pew Research Center, about 17% of children under the age of 18 live in a blended household, which accounts for about 12.4 million children. This indicates how common blended family dynamics have become. Because multiple complex family relationships may be involved, an estate plan that clearly reflects your wishes can help avoid misunderstandings after you’re gone.
One of the biggest concerns for many parents is making sure a surviving spouse has enough financial support while also preserving their children's inheritance. A will can outline who receives specific assets, but additional planning tools may also help accomplish both goals.
For example, some families may use trusts to provide income or access to assets for a surviving spouse during their lifetime while preserving the remaining property for children from a previous relationship. Naming beneficiaries carefully and regularly reviewing those designations can also help ensure retirement accounts and life insurance proceeds align with your overall estate plan.
The importance of an up-to-date estate plan
Clear communication and regular updates are equally important. Major life events such as remarriage, the birth of additional children or significant changes in finances may require revisions to an existing will. Without updated documents, state inheritance laws could distribute property in ways that do not reflect your intentions. Keeping your estate plan current helps reduce the likelihood of disputes among family members and provides greater clarity for everyone involved.
Every blended family has unique goals and concerns, and there is no one-size-fits-all approach to estate planning. Speaking with an experienced legal professional can help you create a will and broader estate plan that protects your loved ones, honors your wishes and provides peace of mind for the future.]]>On Behalf of Bloodworth, Crowley & Leverett<![CDATA[What to consider if you wish to disinherit someone]]>https://www.bloodworthlawoffice.com/?p=470712026-08-03T19:48:35Z2026-08-03T19:48:35Zminor children, you are not typically obligated to do so.
If you do wish to disinherit someone who would expect to get something, it is important to think things through carefully.
Are your reasons valid?
Family members can become estranged, often over the smallest of things -- to an outsider, at least. To those involved, the reasons may feel fully justified. Yet disinheriting someone is such a big move that it is wise to get some outside opinions on the matter.
Talk to other family members or close friends about it. They can help you reflect on whether disinheriting the person is really the right choice, or if it is something that you might regret. It is easy to think that you can just change your will later if the ice thaws between you, but you can’t predict the future, and if you did not get around to putting the person back into your will before you passed away or lost competency, they would likely get nothing.
Who else will it affect?
Leaving someone out of your will can cause issues for those to whom you do leave things. A child who does receive something may spend the rest of their life feeling guilty that they received an inheritance when their sibling didn’t. It might also lead to a rupture between them or a court challenge that delays the distribution of assets for everyone.
Is it clear that this was your wish?
Some people just omit a person from the will, but if the person files a challenge, it can lead a probate court to question whether this was your true wish. Properly documenting your choice reduces the chance that your decision can be challenged on the grounds that it was an oversight or due to mental incapacity or undue influence. Having experienced estate planning guidance can help you better determine whether disinheritance is the best option in your particular situation.]]>