FAQ

FAQ

REAL ESTATE


Do you need an attorney to represent your interests at closing?

Absolutely. The lender’s attorney is present to act on behalf of the lender and to protect the lender’s best interests. The purchase of a home is typically the largest investment any of us will make in our lifetime. Having your own real estate attorney present to protect your investment makes sense.

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What is owner’s title insurance and do I need it as a buyer?

Owner’s title insurance is a one-time investment on probably your single largest purchase. While a lender’s policy protects the lender from defects in the title to the home, it offers no protection to you, the homeowner. For a one-time investment by you of a few hundred dollars at closing, you are protected as long as you own the property (even decades later) from back property taxes, federal and state tax liens, materialman liens, encroachments, forged deeds, zoning violations, unknown heirs of an estate, etc. Unlike other insurance policies, you are protected without having to incur annual premiums.

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Why is a homeowners warranty important?

Typically, the builder of a new home will provide a one-year warranty to the buyer from the date of the closing that the home conforms to the plans and specifications agreed upon by the parties. As a buyer, you can request a warranty for up to ten years from closing against any structural defects in the home from the builder and you may even request the protection of a warranty from the seller on an existing home. However, the sales contract should stipulate that a homebuyer warranty is available.

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ESTATE PLANNING


Does a young, healthy couple need the services of an attorney to draw up an estate plan?

Absolutely. A properly drawn and executed last will & testament is the best way to plan for the future. An attorney who specializes in estate planning can ensure that a guardian is named to care for your minor children in the event of your untimely and sudden death. It is a fact that most people do not consider the necessity of a will unless they are planning to travel overseas, surgery is imminent or there has been a recent death in the family. The best time to plan for the future is the present, when you are clear-minded and can protect your family without the pressure of time.

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What would happen to my estate if I should die without a will?

In Georgia, if you should die without a will, you will be considered to have died intestate. In that event, your property will be distributed under the laws of intestacy. To ensure that your property is left according to your wishes, an estate attorney can help you draw up a will that reflects your own wishes and protects your family.
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