Atlanta, GA asked in Estate Planning, Land Use & Zoning and Real Estate Law for Georgia

Q: My dad and mother share a life estate and are divorced, but they are leaving their life estate to their 3 children. The

Land is currently in one piece, not designated into 3 as to who gets which piece. My sister is wanting to build a house on her piece that she will get but my mom is refusing to designate who gets what piece because she says it will break the life estate. Will drawing up the tract and designating the 3 pieces between us children break the life estate?

1 Lawyer Answer
Anthony M. Avery
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  • Estate Planning Lawyer
  • Knoxville, TN

A: If Mom and Dad only have life estates, then none of their issue will get anything at their deaths. Hire a GA attorney to search that title and determine ownership. If you stated the facts correctly, then nobody wants to build on the tract. Who is the remainderman?

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