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.

The immediate answer to your question is to file an answer to preserve your legal defenses and avoid a default judgment. If you were served with the complaint, you are required to file an answer within 30 days, or the opposing party can file for a default judgment against you. There are limited... 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

Unfortunately, you cannot remove someone from a deed without their consent unless there is a written agreement to the contrary. The co-owner also has the right to occupy the property, so you cannot legally remove them either. If you want to keep the property, you will need to buy out your partner.... View More

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

If your father was the only individual on the deed, then the home sale must go through probate. The probate process is designed to safeguard heirs such as yourself in this situation, where you can demand accounting, or object to your sister serving as the administrator. I recommend consulting... View More

If your sister was not a joint tenant with right of survivorship with your father, she cannot sell the property unilaterally. If the deed was in your father's name only, the administrator of your father's estate is the only person with authority to sell the property. Your first step in... View More

You would have to file an adverse possession lawsuit. You would need to show that your possession of the property was adverse, notorious, open, continuous, hostile, and exclusive. Any permissive use of the property in the past by the actual owner would undermine your claim. Adverse possession... View More

Yes, the tax commissioner can sell the property for past due taxes. If the sale has occurred, you still may be able to redeem the property by paying the past due amount plus interest, fees, etc. You may also be able to recover money from the tax sale. If a house was built on the property, the... View More

One co-owner cannot exclude the other co-owners. If they do, the other co-owners are entitled to a reasonable amount of rent from the co-owner who is excluding them. If they are unwilling to pay rent, your will have to file a lawsuit. You can force the sale of the property through a partition... View More

You cannot remove her name from the deed without her consent. You can force her to sell the property, but that can only be accomplished through a partition lawsuit. In a partition lawsuit, you ask the court to divide the property evenly. This typically only works if the property is undeveloped... View More

Handling this divorce on your own and not having the Court address what would happen with the residence, means that no, you cannot force your ex to do anything without taking them back to court. If it is not a part of the previous final judgment, then there is no order to force your spouse to... View More

The land and mobile home are titled assets. If the title to the mobile home and land were not transferred to the trust during the trust maker's lifetime then they do not transfer according to the terms of the trust and would instead be subject to probate, like the no administration necessary... View More

If the tenancy was intended to be joint tenancy and not tenancy in common, survivorship rights should be automatic. If that is the case, the only thing necessary to vest title in the survivor would be a Affidavit of Survivorship and a copy of the death certificate. A complete review of the deed... View More

If you qualify for the mortgage by yourself, it is possible to refinance without your ex husband's signature even if he was on the previous mortgage. The divorce decree may also provide some guidance on how and when the refinance can take place. Your ex husband may need to sign a deed to you... View More

It depends on where probate was completed. If probate was completed within the State of Georgia, you will only need an executor's deed to transfer the property. If the probate was completed outside of the State of Georgia, you will need exemplified copies of the letters testamentary and will... View More

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answered on Oct 10, 2024

Hire a competent GA attorney to draft and record a Materialman's Lien against the property. You also may consider suing the entity you contracted with for the debt owing. Hopefully the actual owner contracted with you. It is doubtful you will be made whole due to the expenses involved in... View More

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answered on Oct 8, 2024

Hopefully you have a GA attorney representing you. You will not be able to try this yourself. Proof of the contract, all payments, no tenant defaults and the landlord's default , will all have to be proven in Court. If you win, you will need to draft an Order and probably a Deed.... View More

If you have a family court case you should hire an attorney with experience in handling those matters. As you are the opposing party, and you do not have an attorney, the attorney representing the other party does have to speak directly to you, regarding the case. And they can choose to... View More

If you can find someone who would be interested in buying your half only, you can absolutely sell to them without restriction. However, it is difficult finding someone who will accept partial ownership of property.

You will definitely need a lawyer for a partition action to force the sale... View More