Legal Question in Wills and Trusts in Georgia

Both parents are deceased. There are 5 siblings. One sibling currently resides at property. Who is responsible party for maintenance of estate property


Asked on 4/14/11, 9:19 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Since you have given us no information we have no possible way of answering you. If two people died, there should be a lawyer and he is who would know. Ask him.

Amongst the details you left out - whose name is the property in, were there wills, are there deceased siblings, what state is the property in, has anyone filed a probate, etc?

Get a lawyer.

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Answered on 4/14/11, 9:42 pm

You do not tell me where the land was located, how it was owned (I assume by your parents as a joint tenancy with right of survivorship or a tenancy by the entireties) or which [arent was the last to die and when they died.

Assuming that neither of your parents had a will and that the land was in Georgia, the land would be inherited equally by all the siblings. Each has a duty to pay his or her share of the taxes, insurance and upkeep. However, the sibling that lives there would have a duty to pay rent to the others. It could be that the siblings would have an agreement that as long as the sibling who lives on the land is responsible for all the upkeep, taxes and insurance, then they do not have to pay rent. You do not indicate so I cannot say.

If your parents made wills and left the land to a particular sibling or siblings or the one who lives there, then my answer would change. The sibling(s) who inherited the land would then have to pay for it as they own it.

States have different laws, so if was not in Georgia, North Carolina or Pennsylvania, then I cannot address the issue and you should ask a probate attorney who is licensed in that state.

In addition, since you do not tell me when your parents died, some states have provisions that if an heir pays taxes for a set period then they own the property. I have not researched Georgia law in depth, but this does not appear to be the case and the other elements must still be proved.

That all said, assuminig the land is owned by all of the siblings, the one who lives there, if he or she has been solely payinng the taxes etc., would have a claim against the others for the amounts that the sibling paid which exceeded his or her pro rata share. Likewise, the other siblings would have a claim against the one who lives there for rent.

My advice is that it is never a good idea for this many people to own land because it is unlikely that they all agree all the time on everything. If you all want to keep it, consider setting up a family limited partnership or a trust as disputes may arise down the road. If some do want it while others don't, then have the siblings who want it buy out the share of those who don't.

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Answered on 4/14/11, 9:49 pm


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