GA Bar State Law 1 — Questions and Answers

Question 1: Which of the following is required for a valid Georgia will?

The testator must sign the will in the presence of at least two witnesses. (Correct answer)
The will must be notarized.
The witnesses must be related to the testator.
The will must be filed with the probate court prior to the testator's death.

Correct answer: The testator must sign the will in the presence of at least two witnesses.

For a will to be valid in Georgia, it must be in writing, signed by the testator (or another person in the testator's presence and at their direction), and attested and subscribed in the presence of the testator by at least two competent witnesses. The witnesses must also sign in the presence of each other. This requirement ensures the authenticity of the will and prevents fraud or undue influence.

Question 2: Under Georgia law, which of the following is considered a “real property” interest?

A leasehold interest for one year. (Correct answer)
A patent for an invention.
A life insurance policy.
A mortgage note.

Correct answer: A leasehold interest for one year.

Under Georgia law, a leasehold interest for any duration, even one year, is considered an interest in real property. While short-term leases might have different recording requirements than longer ones, they still grant a possessory interest in land. The other options, such as a patent, life insurance policy, or mortgage note, represent intellectual property, personal property, or a debt instrument, respectively, not a direct interest in real estate itself.

Question 3: What is the maximum period for which a Georgia general power of attorney can be effective before it must be renewed or re-executed?

5 years
7 years
10 years
Indefinitely, unless revoked or terminated (Correct answer)

Correct answer: Indefinitely, unless revoked or terminated

In Georgia, a general power of attorney remains effective indefinitely unless it is explicitly revoked by the principal, the principal dies, or it terminates by its own terms (e.g., upon the occurrence of a specific event). There is no statutory maximum period after which it automatically expires or must be renewed. This allows for long-term planning and continuous authorization for the agent.

Question 4: Which of the following is a valid ground for divorce in Georgia?

Irreconcilable differences
Adultery (Correct answer)
Desertion for 6 months
Incompatibility

Correct answer: Adultery

Under Georgia law, adultery is one of the enumerated fault-based grounds for divorce. While Georgia also recognizes "irretrievably broken" as a no-fault ground, the question asks for a valid ground, and adultery specifically qualifies. The other options listed are either not specific statutory grounds or are covered under the broader "irretrievably broken" standard or require a longer desertion period.

Question 5: Under Georgia law, how long does a person have to file a personal injury lawsuit after the cause of action arises?

1 year
2 years (Correct answer)
4 years
6 years

Correct answer: 2 years

In Georgia, the statute of limitations for bringing a personal injury lawsuit is two years from the date the cause of action accrues. This means that an injured party must file their lawsuit within two years of the injury occurring, or they will generally be barred from pursuing their claim in court. This timeframe ensures timely resolution of disputes and prevents stale claims.

GA Bar State Law 1

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