Legal Question in Wills and Trusts in Georgia

what do i have to do for a quit claim deed. Im excutor of a will also can an indivual put a claim on a bill that has all ready been paid


Asked on 7/10/11, 5:53 pm

4 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Reposting the same question, when you have been told it makes little sense, won't get you a different answer.

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Answered on 7/10/11, 5:55 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

What you do for a quit claim deed is get a lawyer to review all the facts you did not post here (and even if you did post all the facts, you still need a lawyer).

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Answered on 7/10/11, 6:01 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

It sounds possibly like you are executor of a will and re trying to transfer property by quitclaim deed which is NOT how executors transfer property, and that you are trying to transfer property before a claim has been resolved. That will get you sued. Your question shows that you need a lawyer. Get one. Executors should not serve without legal advice and they should not be drafting deeds (especially the wrong kind) without legal help. (Most property under wills is transfered by assents, not deeds).

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Answered on 7/10/11, 6:13 pm

I don't know what you are trying to do. If you are the executor and trying to convey property to an heir, a quitclaim deed is not used. Pay a lawyer to properly draft one for you, It should not be that expensive. However, you cannot transfer property to any heirs until the estate is probated.

Regarding a claim, claims must be filed with the estate which is probated in the county where the deceased lived at the time of his/her death. After notice is given and claims are properly filed, it is up to the executor to decide if there is enough assets to pay all claims. If not, claims are paid in order of priority, as oulined by state law. Howeverm if there are enough assets, then all claims are paid. While you indicate that a claim was already paid, then I don't see how a person could file it again unless they dispute the amount and contends that more is owed. You can deny the claim. If the claimant persists, they can bring a lawsuit against the estate if they believe there are assets sufficient to pay the claim and that it has not been paid.

If you are the executor and asking these kinds of questions, you should consider hiring an attorney to assist with the probate of the estate. Attorney's fees are paid by the estate.

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Answered on 7/10/11, 10:11 pm


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