Loganville, GA asked in Probate for Georgia

Q: Can a property not in deceased name be resurveyed back into estate during will probate?

My grandparents gave my dad 1.5 acres out of 38+ acres in Georgia 40+ years ago. It has been in his name since, and he has paid the taxes. The remaining property belonged to grandparents.

My grandmother, who had survived my grandfather, died in January. My uncle is telling my dad that he is not able to do anything with the 1.5 acres until it has been resurveyed and added back to the estate. Uncle states probate attorney is telling him this.

I don't understand. If my grandmother had sold her land 10 years ago, the 1.5 acres wouldn't be included. Likewise, dad could have sold his 1.5 at any point in the last 40 years. The remaining property is to be split 3 ways. I can understand adding the 1.5 to total acreage to divide, Judy sunny understand why it has to be resurveyed and absorbed back into estate.

Any thoughts? Suggestions? I'm not understanding this. Thank you so much for your help!!

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1 Lawyer Answer
Robert W. Hughes Jr.
Robert W. Hughes Jr.
  • Probate Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: If a deed was given to your father for the 1.5 acres, then it is your father's land. You should have a real estate lawyer run title on the land to ensure your father owns what he thinks he owns.

1 user found this answer helpful

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