U78-45 Form Letter reply to a Probate Judge

Discussion in 'General GWL Questions' started by Gunstar1, Mar 31, 2006.

  1. Gunstar1

    Gunstar1 Administrator

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    If a probate court says they do not have to issue in 60 days becuase of an Attorney General opinion U78-45, the letter below is a good response:
    A copy of the opinion is here:
    http://www.georgiapacking.org/images/U78-45-1.jpg
    http://www.georgiapacking.org/images/U78-45-2.jpg

     

  2. Gunstar1

    Gunstar1 Administrator

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    The only thing I can think of to make it stand out more and not interrupt the flow of the condition precedent sentance would be to add more at the end of the paragraph just before "May I request a favor?"

    Or something like that...
     
  3. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    The law is again different from when that letter was put together. HB 1032 changed OCGA 16-11-129 to make it very clear in (d)(2) that it is the local law enforcement agency that runs a computer check (National Instant Criminal Background Check) and returns a report to the probate court. The "no report shall be required" language was left in the statute. The "Instant" part of National Instant Criminal Background Check should provide a clue as to how long this takes.

    Read HB 1032 for yourself by visiting the Georgia General Assembly web site and entering HB 1032 in the upper right hand corner.

    Or you can just click here.
    http://www.legis.state.ga.us/legis/2005 ... hb1032.htm

    Any delay now, after July 1, 2006, is just flat out stalling tactic.
     
  4. Watch_Their_Hands

    Watch_Their_Hands New Member

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    Valuable info, thank you both.
     
  5. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    I took this one off sticky, as I think it has lost its value.