Q: Ga - Options to avoid quit claims from siblings when I am the executor and only named beneficiary in will - need help
In Ga - I am executor and only beneficiary in my dads estate & will at 100%. I left the house in his name since his death 11/1/2015 and paid the mortgage. I probated his estate using the common form and didn't know anything about needing to change the deed. I am now selling his house and it is under contract scheduled to close in 3 wks. The Closing Attorney notified me that I can't get clear title without quit claims from 4 siblings in other states which is a nightmare for me. I filed to reopen his estate so that I can legally sell the property as executor. My siblings know I am selling and don't expect anything since they had no real contact with our dad but might get difficult if they have to sign off. Once the estate is reopened, what options do I have to transfer the deed to myself without the drama that will ensue from the other "heirs"? He got the will to prevent this from happening. I don't understand why the quit claims are required. Really need options. Please advise!
A: You have a mess on your hands. You should never have opened the estate in common form. You cannot transfer real estate with a common form probate. You must open the estate in solemn form. If the will leaves the real estate to you, then you will not need quit claim deeds form your siblings. You simply need Letters Testamentary and a copy of the will for the closing attorney.
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