Legal Question in Wills and Trusts in Georgia

Two brothers inherited real estate.The will called for it to be divided equally. Who is responsible for paying for the dividing, heirs or the estate?

Asked on 7/25/13, 9:40 pm

1 Answer from Attorneys

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Not the estate. Title to land goes to the heirs upon death. Its their land. The personal representative temporarily has control of the land but if there is enough assets in the estate other than the land to pay any debts/claims, then the land will go to the heirs jointly. Its not necessary for the estate to subdivide the land.

If the heirs then wish to then subdivide it, I suggest the heirs split the costs for a real estate attorney if the land is capable of being subdivided fairly. If the brothers cannot agree, then one should buy out the share of the other or bring a partition action.

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7/25/13, 11:43 pm

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