Legal Question in Wills and Trusts in Georgia

My mother left her house to three children. One has left the state and has no interest in the house. He has not legally signed it over to the other two. What recourse do we have?


Asked on 10/17/10, 1:18 pm

2 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

You have 2 choices -- you can either: (i) have the 3rd child who left the state sign over his rights to the house; or (ii) you can go to Court and ask that the court "partition" the property. This would mean that the Court would order the sale of the property and then each child would get his respective share of the proceeds of the sale.

Best of luck.******The above is for informational purposes and does not create an attorney-client privilege.*******

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Answered on 10/22/10, 4:52 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Unless the one child signs a deed the only option - and it requires a lawyer, appraisers and some expense - is a partition case in Superior Court.

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Answered on 10/22/10, 5:28 pm


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