Q: Advice on an estate inheritance issue involving an uncle borrowing against and leasing the property in Georgia.
I need advice regarding a will that dictates the inheritance of an estate. An uncle has borrowed money against the property and leased it out. The will is clear about who should inherit the estate, and I have copies of it. Discussions have taken place, but the uncle refuses to sign over the estate. Where should we start with addressing this issue?
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A: Was the will filed for probate? If not it means nothing. If probated, the executor's duty is to marshal up assets and make sure the devise is executed in possession of the devisee. Executor and/or devisee can file for unlawful detainer and quiet title. Also Devisee can file an ejectment action against all parties in opposition to his title and possession. Devisee (if there is one) needs a competent GA attorney now.
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