Legal Question in Wills and Trusts in Georgia

My grandmother owned a small piece of land, willed it to my father, and when he passed away, he will everything to his wife at the time. It's been about ten years, but the land is still in my grandmother's name, and my father's widow's family recently stopped paying the taxes on it. Do I have any legal standing?


Asked on 4/24/12, 1:34 pm

1 Answer from Attorneys

Standing to do what?

The land is still in your grandmother's name because nobody recorded a new deed after she died transferring the land to your father and then from your father to his wife. Its not a big deal. But that does not mean that you have an ownership interest in the land.

If your grandmother willed the land totally to your father (meaning she gave away 100% of it when she died and did not just give your father a life estate) then the land is your father's. So if your father died after your grandmother and he owned the land, it would then pass as per your father's will. If he chose to leave everything to his wife, so be it - that was his choice.

Unless you have some kind of possessory interest then I don't see that you have standing to intervene. Is the land paid for? What is it worth? How much are the taxes per year? Why did the widow stop paying? If its a financial issue, why don't you either work out some kind of deal or offer to buy it from your father's widow? For example, if the widow lives on the land, maybe she could convey it to you but keep a life estate and you can pay the taxes. Or maybe just buy it outright.

If the widow does not pay the taxes then the land will be sold at a tax sale (its mortgaged, sometimes the lender will pay and then foreclose). If you do not wish to buy it now, wait until the tax sale. However, the land will be sold to the highest bidder and if someone outbids you they will get the land. Also, if the widow dies, the land will either pass as per her will (if she has one) or via the state intestacy laws. If you are not a biological or adopted child of your father's widow then you are not going to inherit. So it would behoove you to speak to the widow and try to work a deal now.

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Answered on 4/24/12, 6:59 pm


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