Monroe, GA asked in Probate for Georgia

Q: I have a probate question

My grandmother (Ellen - husband deceased) and mother (Brenda - unmarried) owned a house together, which was their only significant asset. Ellen had one child (Brenda) and Brenda had one surviving child (me). Ellen passed in 2009, Brenda passed in 2011. Brenda had a will, and I was sole beneficiary, heir and executor, Probate was filed for her estate. Ellen had no will.

I have kept the house, made payments on it, and carried out various repairs & maintenance. I wish to sell the house. Do i need to file a Petition for Letters of Administration for Ellen's estate?

I am assuming that the house will be sold in the name of the Estate and the proceeds deposited into the Estate account. I understand that there may be capital gains taxes due on the difference between the home's value at Brenda's death. Can the basis be reduced by costs paid by me?

I have 14 years of legal experience (none in probate) and believe i can manage the filing process.

Thank you

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1 Lawyer Answer
Anthony M. Avery
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Answered
  • Probate Lawyer
  • Knoxville, TN

A: With those facts I fail to see the reason for the Probate Action. But you have not disclosed what estates the two owners had, which is why a lawyer should perform a title search. Very possibly they were Tenants In Common, with one/half interests going to each owners' heirs at death. If so Ellen's heirs need to be determined and probably placed of record with an Affidavit of Heirship. Then you can either come to an agreement with the heirs or file a Partition Action. But their Deed may have been very different, such that you might own the fee or nothing at all.

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