http://sherryharrellattorney.com/

Sherry S. Harrell Valdosta Attorney, P. O. Box 10035, Valdosta, GA (2026)

08/21/2024

"Transfer on Death" Deeds - Now Allowed in Georgia as of July 1, 2024

What is a "Transfer on Death" Deed? This deed allows a real property owner to name a beneficiary or beneficiaries who he wants to inherit the property upon his death. The transfer happens automatically upon the property owner's death and avoids the probate court process. All the beneficiary has to do to accept the transfer is to file an affidavit with the Superior Court Clerk's Office (and attach a death certificate) within 9 months of the property owner's death.

A transfer on death deed may be revoked by the property owner at any time up until his death should he change his mind.

Real property owners who hold their property "jointly with right of survivorship" can also do a transfer on death deed; however, the beneficiary named in the transfer on death deed would not inherit the property until after the death of both real property owners.

Of course, if the real property has a mortgage or lien on it, then the beneficiary would inherit the property subject to the mortgage or lien. If the beneficiary does not want the property, he can simply not file the above-mentioned affidavit, and the property would revert back to the deceased owner's estate.

Call me if you would like to do a transfer on death deed!

02/23/2024

So much of our knowledge about what is happening in the world is limited to what we are told by the news media. As an attorney, whenever I hear about a newly issued legal opinion, I choose to look up and read the opinion myself. That is what I did yesterday after reading about the "frozen embryos" opinion issued by the Alabama Supreme Court. I want to share the full story of this 50 page opinion.

THE TWO SUITS:
James LePage and Emily LePage, individually and as parents of Embryo A and Embryo B, and William Tripp Fonde and Caroline Fonde, individually and as parents of Embryo C and Embryo D vs. The Center for Reproductive Medicine and Mobile Infirmary d/b/a Mobile Infirmary Medical Center
Felicia Burdick-Aysenne and Scott Aysenne, in their individual capacities and as parents of Baby Aysenne, deceased embryo/minor vs. The Center for Reproductive Medicine and Mobile Infirmary d/b/a Mobile Infirmary Medical Center

FACTUAL BACKGROUND:
Three sets of parents brought suit against The Center for Reproductive Medicine and Mobile Infirmary Medical Center seeking to recover for the wrongful death of their children. The plaintiffs had undergone IVF (in vitro fertilization) and had had some embryos implanted that resulted in the birth of healthy babies, but then contracted to have the remaining embryos kept in a cryogenic nursery located inside the hospital while they awaited future implantation. Each embryo had been artificially gestated to a few days of age and then placed in the cryogenic nursery to keep them alive at a fixed stage of development by preserving them at an extremely low temperature. A patient in the hospital managed to wander into the nursery through an unsecured doorway and removed several embryos. The subzero temperatures of the embryos burned the patient's hand, causing the patient to drop the embryos on the floor, killing them.

EACH SIDE'S CLAIMS:
The plaintiffs had asserted their wrongful death claims under Alabama's Wrongful Death of a Minor Act. The trial court granted defendants' motions to dismiss the suits, and the cases ended up at the Alabama Supreme Court following an appeal by the plaintiffs. Alabama's Wrongful Death of a Minor Act states that parents may bring a claim seeking punitive damages "when the death of a minor child is caused by the wrongful act, omission, or negligence of any person..." The act itself does not define "minor child", but this same Court held in 2011 that an "unborn child" qualifies as a minor child. Defendants were arguing that there should be an unwritten exception to that rule for unborn children who are not physically located "in utero" (inside the uterus) at the time they are killed.

COURT'S RULING:
The Alabama Supreme Court held that "unborn children are 'children' under the Act, without exception based on developmental stage, physical location, or any other ancillary characteristics." The Court also noted that even if the word "child" were ambiguous, the Alabama Constitution, Article I, Section 36.06(b), titled Sanctity of Unborn Life, would require courts to resolve the ambiguity in favor of protecting unborn life. "That section operates as a constitutionally imposed canon of construction, directing courts to construe ambiguous statutes in a way that protects the rights of the unborn child equally with the rights of born children, whenever such construction is lawful and appropriate."

DISSENTING OPINION/CONCURRING OPINION:
There was one dissenting justice who claimed that applying the Wrongful Death of a Minor Act to frozen embryos will be the end of IVF in Alabama given that frozen embryos can remain viable up to 50 years. However, another justice wrote a concurring opinion to address those allegations and stated that in the United States, IVF clinics are almost completely unregulated. They are known as the "Wild West". Whereas in the European Union countries, 96% of embryo transfers involve only two or fewer transfers at one time, thereby reducing or eliminating the need for storing embryos for extended lengths; such measures protect the lives of the unborn and still allow couples to become parents.

08/01/2023

Did you know that 67 percent of people in the U.S. die without having a will or living trust? This means that the intestacy laws of the state where the deceased lived decide who actually inherits his/her property instead of the deceased. Additionally, it is more expensive to probate the estate of a person who had no will or living trust.

Don't be one of the 67 percent. Call me today for an appointment.

04/20/2023

Do you know what to do if you are involved in an auto accident? Review the following steps periodically so that they stay fresh on your mind:

1. Make sure all people involved in the wreck are okay.

2. Call 911 to report the accident (and any injuries), regardless of whether there are any injuries or whether the wreck seems minor to you.

3. If possible, take a quick photo of where the vehicles came to rest after the accident before they are moved from the roadway. (This will not be possible to do if the wreck happened on an interstate or on road with 45-55 mph speed limit because it will not be safe.)

4. While waiting on the police officer/deputy/trooper to arrive, you should be doing the following:
a. Ask for and write down the name, address, and phone number of the other driver.
b. Ask for the other driver's insurance card and take a picture of it.
c. Write down the license plate of the other vehicle. [If the other drive tries to leave the scene before
the police arrive, take a picture of the license plate of the other vehicle.]
d. Go back over to your vehicle, assuming it is off the roadway, and do not discuss the details of the
accident with the other driver, any passengers, or any bystanders. Do not admit any liability or
make any statements.

5. Find out the name of the police officer and when and where you can pick up the accident report.

6. Once you get home, contact your insurance company to report the accident.

If you are injured in an auto accident that is not your fault, please give me a call at 229-561-1586. I would be glad to handle your claim.

01/24/2023

Ever wonder what will happen if you die without a will? This is called dying intestate. In Georgia, the probate court will decide who your "heirs at law" are using the Georgia Rules of Inheritance statute found at O.C.G.A. 53-2-1. Those rules are as follows:

(1) If you are married and have no children, your spouse is your sole heir.
(2) If you are married and also have children, your spouse and children (with descendants of any deceased child taking that child's share) share equally in your estate, but the spouse gets no less than a 1/3 share. [Most people do not know this!]
(3) If you have no spouse, your children share the estate equally (with descendants of any deceased child taking the deceased child's share).
(4) If you have no spouse and no children, your parents who survive you share equally.
(5) If you have no spouse, no children, and no living parents, your siblings share equally.
(6) If you have no spouse, no children, no living parents, and no siblings, then your nieces and nephews share the estate equally.

Also it is important to note that this same statute says "half-blood" are considered equally with "whole blood"; therefore, children of any common parent are treated as whole brothers and sisters.

When you die intestate, someone has to file a petition for administration of your estate, has to file a detailed inventory of all of your property and its value with the court, has to put up a bond in an amount determined by the court, and normally has to publish notice of the petition in the newspaper for one month. Sometimes people claiming to be heirs show up wanting their share and tie up the estate for months until the court can determine who the heirs really are.

When you die having a will in place, the will exempts the executor from filing any inventory or reports with the court and waives any bond. With a will, you are the one who gets to decide who you want to receive your assets.

Be smart and do not die without a will! Give me a call today if you need one.

01/07/2023

Have you been putting off drawing up the necessary legal documents you need to make sure your spouse and/or children are taken care of when you die or the legal documents needed if you become physically or mentally incapacitated and unable to attend to your own business affairs? As we begin this new year, make it a priority! Give me a call today.

01/07/2023

Every year around New Year's Eve, I hear friends and neighbors talk about what they believe are the "fireworks laws" in Georgia. So I am going to lay out for you exactly what Georgia state law, found at O.C.G.A. Section 25-10-2, says.

25-10-2(b)(3)(A) - Fireworks cannot be used within the right of way of a public road, street, highway or railway.

25-10-2(b)(3)(B) - Fireworks may be used on any day from 10:00 am thru 11:59 pm unless the noise is not in compliance with a county or city general noise ordinance or unless the city or county ordinance requires a special use permit.
EXCEPTION: Regardless of any city or county ordinance, you may use them on Jan. 1st, the last Sat. and Sun. in May (Memorial Day Weekend), July 3rd and 4th, 1st Monday in Sept. (Labor Day), and Dec. 31st from 10:00 am - 11:59 pm. In addition, on Jan. 1st, you can also use them from 12:00 midnight until 1:00 am.

25-10-2(b)(3)(C) - Fireworks may not be ignited within 100 yards of the following places: an electric plant; water treatment plant; facility that sells gasoline or other flammable liquids or gases if the facility stores more than 500 gallons; a substation; a jail or prison; a public use air facility or public use landing area for helicopters; within a park, historical site, or recreational area owned or operated by a state, county or city, unless a special permit use is granted; or a hospital, nursing home or other health care facility unless you are the owner or operator of such facility.

Now you know!

11/21/2022

As you have probably heard in the news, Senator Warnock and the Georgia Democratic Party filed suit after the Georgia Sec. of State announced that O.C.G.A. Section 21-2-385(d) prohibits early voting on the Sat. after Thanksgiving, the Friday after Thanksgiving which is a state holiday, and the Sat. Immediately before the runoff. Fulton County Superior Court Judge Cox ruled in favor of Warnock, holding that this statutory provision does not apply to runoffs; the State of Georgia has filed an appeal and a motion for an emergency stay. Here is the statute for you to read and decide for yourself.

(d)

(1) There shall be a period of advance voting that shall commence:

(A) On the fourth Monday immediately prior to each primary or election; and

(B) As soon as possible prior to a runoff from any general primary or election but no later than the second Monday immediately prior to such runoff and shall end on the Friday immediately prior to each primary, election, or runoff. Voting shall be conducted beginning at 9:00 A.M. and ending at 5:00 P.M. on weekdays, other than observed state holidays, during such period and shall be conducted on the second and third Saturdays during the hours of 9:00 A.M. through 5:00 P.M. and, if the registrar or absentee ballot clerk so chooses, the second Sunday, the third Sunday, or both the second and third Sundays prior to a primary or election during hours determined by the registrar or absentee ballot clerk, but no longer than 7:00 A.M. through 7:00 P.M.; provided, however, that, if such second Saturday is a public and legal holiday pursuant to Code Section 1-4-1, if such second Saturday follows a public and legal holiday occurring on the Thursday or Friday immediately preceding such second Saturday, or if such second Saturday immediately precedes a public and legal holiday occurring on the following Sunday or Monday, such advance voting shall not be held on such second Saturday but shall be held on the third Saturday prior to such primary or election beginning at 9:00 A.M. and ending at 5:00 P.M. Except as otherwise provided in this paragraph, the registrars may extend the hours for voting to permit advance voting from 7:00 A.M. until 7:00 P.M. and may provide for additional voting locations pursuant to Code Section 21-2-382 to suit the needs of the electors of the jurisdiction at their option; provided, however, that voting shall occur only on the days specified in this paragraph and counties and municipalities shall not be authorized to conduct advance voting on any other days.

11/04/2022

For those of us who live in South Georgia, personal delivery devices haven't made it to us yet. But it is only a matter of time. The Georgia General Assembly passed a law in 2022 allowing personal delivery devices (powered vehicles that use an automated driving system to transport cargo) to be operated on highways that have a maximum speed of 45 mph, on sidewalks with a 48 in clear path, on bicycle lanes or paths, or on the shoulder of a road. The personal delivery device owner must carry general liability insurance coverage of $250,000 if the PDD is operated on a highway or sidewalk.

11/04/2022

In 2022, the Georgia General Assembly passed O.C.G.A. Section 50-1-11 which prohibits state and local governments from mandating proof of Covid 19 vaccinations as a condition of providing any service or access to any facility.

11/04/2022

In 2022, the Georgia General Assembly passed a law amending O.C.G.A. 51-4-4 and 53-1-5 to make it clear that a parent cannot recover the value of a minor child's life (wrongful death of a minor child) if the parent intentionally kills or conspires to kill or procures the killing of the minor child.

Sherry S. Harrell Valdosta Attorney

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