Dawsonville, GA asked in Estate Planning and Probate for Georgia

Q: Mom passed leaving a hand written notarized will.

Mom paased leaving a hand written notorzied will. The deed is in Mom's name only. IN the will she states that the one child can live in the house if he can pay the property taxes. There are 4 children. It also states that everything belongs to everyone except a few pieces of furniture. 2 of the children are going to the county and have the house put in their name. One child already owns a houe. My questions are:

1. Can they do this without the other two consenting?

2. If the one who already owns a house puts this in her name, then she owns two houe and one would become a "vacation" house?

3. If so, when they sell, will they have to pay taxes on it?

4. if they do this when they do sell, will the children who split the money have to pay taxes on the money because the house would no longer be in the deceased name but in two of the children's name? . they would have to give the other two their share from the sale.

Thanks for your help. We are trying to stop them from doing this.

Related Topics:
2 Lawyer Answers
Regina Irene Edwards
PREMIUM
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Lawrenceville, GA
  • Licensed in Georgia

A: This isn't a family law question. You should post in the estate forum.

Kim Ebert
Kim Ebert
Answered
  • Lithia Springs, GA
  • Licensed in Georgia

A: Georgia does not recognize holographic wills. Consult with a probate or estates attorney right away.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.