FREE GA Bar State Law Questions and Answers

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Which of the following is required for a valid Georgia will?

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In Georgia, for a will to be valid, the testator must sign it in the presence of at least two witnesses. The witnesses do not need to be related to the testator, and notarization is not required for the will to be valid, although it can help with probate. The will does not need to be filed with the probate court before the testator’s death; it can be filed after the testator's death for probate.

Under Georgia law, which of the following is considered a “real property” interest?

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Real property refers to interests in land and the improvements on it. A leasehold interest, even if it is for one year, is considered a real property interest because it pertains to the use and enjoyment of real estate. A patent is an intellectual property right, a life insurance policy is a personal contract, and a mortgage note is a personal property interest related to the debt secured by real property.

Which of the following is a valid ground for divorce in Georgia?

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In Georgia, valid grounds for divorce include adultery, cruel treatment, habitual intoxication, and conviction of a felony, among others. "Irreconcilable differences" and "incompatibility" are not grounds for divorce in Georgia; however, Georgia does allow for a divorce based on "irretrievable breakdown of the marriage," which is somewhat similar but distinct from the terms listed.

Under Georgia law, how long does a person have to file a personal injury lawsuit after the cause of action arises?

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In Georgia, the statute of limitations for filing a personal injury lawsuit is 2 years from the date the cause of action accrues, which is typically the date of the injury or when the injury was discovered. There are exceptions and variations based on specific circumstances, but 2 years is the general rule for personal injury claims.

What is the maximum period for which a Georgia general power of attorney can be effective before it must be renewed or re-executed?

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In Georgia, a general power of attorney does not have a statutory maximum period of effectiveness. It remains effective indefinitely unless it is revoked by the principal or terminated by its terms. However, it’s advisable to review and update powers of attorney periodically to ensure they still meet the principal’s needs and legal requirements.

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