Property Law

How is an interest in property and why does it matter how property is owned?

Notice of Residential Real Estate Broker Commissions Antitrust Settlements

Recently a notice was published concerning a class action where the Plaintiffs alleged that real estate brokers engaged in anticompetitive…

2 months ago

Uniform Partition of Heirs Property Act

The Uniform Partition of Heirs Property Act ("UPHPA") has been enacted in 21 States. It is designed to preserve family…

1 year ago

What makes a signature valid in Georgia?

The dictionary definition of "signature" is "a person's name written in a distinctive way as a form of identification in…

2 years ago

Deed found to be valid despite allegations of undue influence

In Estate of Bane (Tenn. Ct. App. 3/23/2022), Martha Bane gave her son, John Bane, a power of attorney with…

2 years ago

Declaratory Judgment Vacated Because It Would Have No Immediate Effect on the Parties’ Conduct

On March 15, 2022, the Georgia Court of Appeals decided Willis v. Cheeley (A21A1730). There, a contested probate proceeding boiled…

2 years ago

Oregon’s Expanded Medicaid Estate Recovery Pulls Home Back Into Estate

In Department of Human Services v. Hobart, the Oregon Court of Appeals ruled, on March 2, 2022, that Oregon's Medicaid…

2 years ago

Declaratory Judgment Denying All Future Claims by Non-Parties Exceeded Court’s Authority

In Walker v. Richmond (Ga. Ct. App. 3/1/2022), a Tennessee probate case crossed into Georgia in the context of a…

2 years ago

How Do I file a Deed in Georgia?

The first step when filing a deed is to have the deed prepared. Although it is not required, we suggest…

3 years ago

What is the Rule Against Perpetuities?

The Rule Against Perpetuities routinely stumps law students and lawyers, and can turn home-made documents into disasters. A deed, trust…

3 years ago

Bankruptcy Trustee, not beneficiary, had standing to prosecute breach of fiduciary duty claim

On April 23, 2021, the Tennessee Court of Appeals decided Estate of Shelton D. Ramey, Case No. E2020-00270-COA-R3-CV. The Court's…

3 years ago