Asked in Estate Planning, Family Law, Civil Litigation and Probate for Georgia

Q: Can my sister legally have the house put in solely her name without consent of other 4 children

My mother died without a will. She has 5 living children. Her husband previously passed. In the state of Georgia

1 Lawyer Answer
James Clifton
James Clifton
  • Estate Planning Lawyer
  • Fayetteville, GA
  • Licensed in Georgia

A: No, your sister cannot put it in her name solely. In order to transfer the property from your mother, a probate administration will have to be opened for your mother's estate. From the probate case, the property will either transfer to all of the children equally, or it will need to be sold to pay the debts of your mother. If it transfers to the children and the children cannot agree on how to manage the property, it will need to be sold and the proceeds split between the children. If some children want to keep the property and some want to sell, then the children who want to sell can force a partition of the property. Schedule a free consultation to make sure your inheritance is protected.

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