Gainesville, GA asked in Real Estate Law and Probate for Georgia

Q: My father died 12!years ago and my step mother didn't probable the will. Now she's trying to transfer property into her

Name. Part of the property was rights of suviorship but there is a small portion that is the entrance to the property that was solely in His name? Does she have to have my and my siblings signature to sale?

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1 Lawyer Answer
Robert W. Hughes Jr.
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Robert W. Hughes Jr.
Answered
  • Probate Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: The simple answer is that if you own a piece of the property, you will be required to sign a deed to give up your ownership rights. If the land is still in your father's name, then an estate will probably have to be opened to transfer the land from his name into the name of his spouse at the time and his children. She will be the owner of 1/3 of that land and you and your siblings will own 2/3 of that land.

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