Q: State GA -My father and mother died over 35 years ago and left 80 acres. Do we need two estates to settled the estate?
There is two living siblings and 10 deceased siblings.
A: At this point, it might not be necessary to have a probate proceeding for either estate. It might be possible to address the title issues by use of an "affidavit of descent." However, with 10 deceased children, preparation of such an affidavit could be quite complicated. You should consult with a probate attorney or real estate attorney who is familiar with these type of legal issues.
A: It all depends on how the deed to the property was written. If it is a deed for tenants in common, then both estates will need to be opened. If it is a deed for joint tenants with rights of survivorship, then only the estate for the second to die will need to be opened.
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