San Diego, CA asked in Estate Planning for Georgia

Q: My grandmother passed with surving heirs do I have a right to her estate? She left me the deed to her home.

She left me the deed to her home in a safety deposit box that only she and I had access to along with some money in a POD account which I use to pay for her funeral arrangements and any outstanding bills.

Related Topics:
1 Lawyer Answer
Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: If your grandmother has a will, then her will governs who gets what. If she did not have a will, then the laws of intestate succession determine who gets what. There is no way to answer your question without reviewing the will or, if no will, understanding exactly what heirs survived her (spouse, children, grandchildren).

More information is needed with respect to that deed as well. The answer there depends on whether the deed was recorded or unrecorded and whether you had access to the safety deposit box or not. Be prepared for the possibility that the deed is invalid because it not never delivered to you during her lifetime. If she meant it as a testamentary bequest, the proper way to do that is by making a will. The do-it-yourself technique of creating a deed and holding on to it to be "found" at death does not work.

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.