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My father passed away in 2020, and the home was valued at around $75,000 at that time. After recent improvements, the home's value has increased to $125,000. My mother has now passed away, and we need to determine the Fair Market Value (FMV) for probate purposes. The house deed does not... View More 
answered on Jun 12, 2025
A Georgia deed that is silent about survivorship creates a tenancy in common by default. Using your numbers, your father’s 50% interest would have been valued at $37,500 in his estate. However, part or all of that interest may have passed to your mother—either under his will, if he had one, or... View More
I live in Georgia and want to know if I can complete an affidavit of heirship for a home that has less than $10,000 left on the mortgage. The home was originally purchased by my deceased parents, who verbally agreed that the house would be mine and my children's. My brother's deceased... View More
answered on Jun 9, 2025
If certain requirements are met, the property may be transferred by an affidavit of heirship. You will typically need two affidavits from two people who are unrelated to the family. In the affidavits of heirship, you would have to list your deceased brother's daughter as an heir of your... View More
I am the sole beneficiary of a deceased person who left a will in Georgia, and I want to transfer the land property to my name. There is no executor appointed in the will, no debts on the property, and I have not started the probate process yet. I have a properly signed and witnessed copy of the... View More
answered on Jun 6, 2025
The will needs to be probated. If no executor is named, an administrator will be appointed to carry out the terms of the will. You can request to be appointed as administrator. Once that has occurred, the property can be transferred to you through an administrator's deeds, if there are no... View More
In June 2020, my mother passed away, and I recently discovered that my sisters forged her will, effectively taking me out of it. I have proof from a handwriting expert but haven't initiated any legal proceedings or other steps to contest the will yet. What can be done in this situation?
answered on May 27, 2025
If your mother's will is handwritten and not witnessed, it is not effective. If the will is signed with all of the formalities required by law and includes a self-proving affidavit, it will be difficult to overturn but not impossible. If the will has been admitted to probate, you will need to... View More
My brother passed away without leaving any wills or documents, and he left behind an estate and minor children in Georgia. There's another brother who doesn't want to make a claim, and the mother of the minors won't cooperate or file a petition. I am interested in being considered an... View More
answered on May 21, 2025
You can file to be administrator, but you are not an heir and will not receive any portion of the estate. Your brother's children are his heirs and will receive the full estate. A guardian ad litem will need to be appointed for them to ensure that their interests are well represented during... View More
As a co-executor of my father's estate, my sister has all the paperwork related to his property, which was recently sold. Despite my requests, she refuses to show me any documents. She claims the property sold for a certain amount, but online records indicate it sold for much more.... View More
answered on May 20, 2025
First, check with the Probate Court in the county where your father lived to confirm whether probate was opened. If so, request copies of all of the probate records, including the petition and accounting/reports to the court, if filed. If you are a beneficiary under the will or an intestate heir... View More
My husband passed away recently in Georgia without a will. I am filing for a Petition for Letters of Administration to access my late husband's assets. He has one son, whom he hasn't had any contact with in over 32 years by the son's choice. I have no idea how to find or contact him.... View More
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answered on May 12, 2025
The son is not a decedent as such term applies to deceased persons only. The son is, however, an heir who is entitled to notice of your petition filed with the court. You, as your husband's spouse, however is entitled to year's support which, if timely filed would grant you an opportunity... View More
I have been the sole owner of my father's commercial property (3.4 acres, including a house and five rentals) in Georgia for the past 16 years, holding the deed in my name. Five years ago, my father passed away after writing a will, which was not recorded, dividing the property among me and my... View More
answered on May 6, 2025
Yes, your ownership of the real estate is not affected by the will of your father. The will can only distribute real estate and other assets actually owned by your father. Also, because you own the property individually, you cannot ask your siblings to contribute to the cost of upkeep, maintenance,... View More
My husband passed away and left me our home in Georgia. I am a Florida resident looking to sell the house in Georgia quickly. The house is still in my husband's name, and there is a small mortgage on it. I am the sole beneficiary and there are no other parties involved. What steps should I... View More
answered on May 2, 2025
If probate has been filed in Florida, you can file for ancillary probate in Georgia. If there are no probate assets in Florida and probate hasn't been filed, you can file probate directly in Georgia. If your husband had a will, a petition to probate the will in solemn form will need to be... View More
Can three appointed successor trustees, managing property on behalf of beneficiaries, collectively have the same authority as the original deceased trustee, given that they are working together as a team?
answered on Apr 14, 2025
Under Georgia law, successor trustees possess the same authority as the original trustee. According to OCGA Section 53-12-201(g), “A trustee appointed as a successor trustee shall have all the authority of the original trustee." This is the default rule but the terms of the trust could mean... View More
My father passed away and owned a house in Georgia, with his name as the only one on the deed. He was married to my stepmother, and his will states that she should receive the house. My stepmother's real estate attorney sent me a quitclaim deed to sign so she can sell the house without going... View More
answered on Apr 10, 2025
A quitclaim deed transfers any ownership interest you may have in the property to your stepmother without making any warranties of title. Quitclaim deeds are used to show all others that you relinquish any interest you may have. It is common to give quitclaim deeds in probate cases when everyone is... View More
If a will stipulates that beneficiaries be paid over a 5-year period based on the business's value at the date of death, is the executor responsible for ensuring these payments even if the business is underperforming? My father's will appointed the manager of his small trailer rental... View More
answered on Apr 10, 2025
The executor is obligated to carry out the terms of your father's will, regardless of the business’s performance—unless the will explicitly conditions the payments on available business income.
If the will says beneficiaries are to be paid based on the business's value at the... View More
I am the administrator and an heir of my father's estate. The court has named me the administrator, and there is a will that specifically mentions the property. I have already gone through probate, and there are no other heirs with claims to the property. What is the process for having the... View More
answered on Mar 27, 2025
If you are acting as administrator pursuant to an administration with will annexed, you will need to sign an administrator's deed to the party listed in the will as the beneficiary or beneficiaries of the real estate. If you are acting as administrator because the will is invalid or... View More
After my father passed away on July 7, 2024, everything was left to my stepmom, who now has dementia and is in hospice care. My brother claims ownership of assets like a truck and lawn equipment, but the will has not been made available for me to see. What actions should I take, considering probate... View More
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answered on Mar 23, 2025
You can move forward with probating the estate and requesting to be the personal representative. At such time, if someone has the Last Will and Testament, they can object. They would then need to produce the Last Will and Testament. From the form of the statements above, it seems you assume that... View More
I'm located in Decatur, GA, and I'm navigating the process of changing the property deeds after the passing of my husband. We jointly owned our home, but the security deed inaccurately lists us as "unmarried," and the warranty deed doesn’t include joint tenancy with rights of... View More
answered on Mar 14, 2025
This will depend on whether you both are listed on the security deed. If you are, then no action should be required with regards to the security deed, as this simply records the mortgage companies interest to the property. In regards to the warranty deed, I assume that if you are not joint... View More
My brother passed away without leaving a will, and I have been paying the property taxes on his land for three years. My name was added as "Co" on the tax information, and now the tax bill is sent to my address, showing his name followed by "Co" and my name. I have not taken any... View More
answered on Mar 11, 2025
In order to legally transfer the title to the land, you will need to petition his estate to Probate in the county where he lived. Once his estate is approved, you can as the executor to the estate, transfer the title of the land via quitclaim deed.
My son, who was 100% disabled from the Air Force, recently passed away. He was not married and had no children. His assets include money from selling a house he inherited and two paid-off cars, totaling about $150,000. I'm his next of kin, and my family has agreed on how to divide the assets.... View More
answered on Mar 11, 2025
Probate in this instance may not be necessary, as bank accounts, either jointly owned or with POD status, pass outside of probate, and it is possible to transfer title of vehicles to immediate family members via affidavit. It may be worth working with an attorney on this process nonetheless, but... View More
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.... View More
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answered on Mar 9, 2025
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... View More
Since 1998, I have lived in my parents' home in Georgia, paying part of the mortgage until I took over full payments in 2015 when my father passed away. We initially bought the house together with the understanding that my son and I would always live there with them. My father left a... View More
answered on Mar 3, 2025
You will need to file for probate of both of your parents' estates. If your parents had no will, your sibling's children would be heirs who must be notified of the probate proceeding. During probate, you can try to enforce any of the agreements made by your parents. You can also file a... View More
My father passed away in July 2017, but no will has been filed or probated, and no Letters of Administration have been completed. My brother is handling business matters, selling assets (like a car and a truck), and claims he will sell the house. My mother is in assisted living with dementia, and... View More
answered on Feb 27, 2025
If you believe your brother is acting inappropriately, you need to file to be administrator of your father's estate. You also need to file for guardianship over your mother to prevent further abuse of the power of attorney. Once the probate case is filed, you can use discovery to determine if... View More
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