Legal Question in Wills and Trusts in Georgia

My mother's estate

My mother recently deceased. She owned a price of property which was Quit Claim Deeded to me. I have power of attorney over my mother's affairs. I sold the property. I have three siblings. I intend to equally divide the money amongst the three of us, but I first want to pay all my mother's debts and expenses. My mother did not have a will. My siblings are demanding their money now and are against me paying my mother's debts from their portions. What are my immediate legal recourses in this matter?


Asked on 10/07/03, 12:07 pm

2 Answers from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

Re: My mother's estate

If the property was properly quitclaimed to you prior to her death, the property and the proceeds are yours to do with as you see fit. However, I would have a local attorney review all the documents, just to be sure everything is in proper shape.

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Answered on 10/07/03, 12:25 pm
Harold Holcombe Harold D. Holcombe, P.C.

Re: My mother's estate

There is a lot of information missing here, but in general if the Quit Claim Deed was executed and recorded properly prior to your Mother's death then you own the propery outright and can distribute as you see fit. However, it would be best for an attorney to review the documentation and estate, as you want to avoid any legal problems whatsoever since you were the one entrusted with the property. Without a complete review you may risk some legal problems from her debtors and others who might be interested in the estate. There are also tax ramifications that might need to be considered.

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Answered on 10/07/03, 12:42 pm


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