Swainsboro, GA asked in Estate Planning for Georgia

Q: Can heir property be taken from other heirs if the person who stay in the home leaves it to someone else in their will?

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1 Lawyer Answer
Jammie Taire
Jammie Taire
  • Estate Planning Lawyer
  • Snellville, GA
  • Licensed in Georgia

A: In order to properly answer this question, a little more information is needed. I am not clear on what you are considering "heir" property. In any event, a person can only leave what they have so even if the person is staying in the property that does not necessarily give them title to the property (we will not get into a squatter's right situation). If the property is owned by several people, the person can only leave their portion in the will. It also needs to be determined if the property has ever been properly conveyed to the heirs. Just briefly, a squatter may have rights if they have been in possession of the property openly and without permission for a period of 7 years and the owners have neglected the property. I would suggest you and the "heirs" contact an attorney to look into this issue. Hope this helps.

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