Legal Question in Elder Law in Georgia

If a parent dies and there is no will one sister lives in ma. And the only other sister/sibling lives in dead parents house in georgia. Sister in Ma. Is poor and can not afford attorney

Asked on 3/22/13, 5:24 am

1 Answer from Attorneys

And the question is????

I assume that the other parent is either deceased or was divorced. If a parent died without a will and lived in Georgia, the parent's property would pass to all of the children in equal shares. If there are no spouse, no children and the person's parents are dead, then any property would pass to the dead parent's brothers and sisters in equal shares. By your use of the term sister, I cannot tell if the sisters are the siblings or children of the deceased. Assuming that they are in the same class (either both are children or siblings of the deceased) and that one of them lives on the property, the logical thing to do would be for the sister in GA to probate the estate if warranted. If not, then the sisters would own any assets jointly like the land. If the one in MA wants the sister in GA to buy her out, then either the sisters' reach a voluntary agreement or either of them can bring a partition action.

While I am sorry for the financial circumstances of the sister in MA, this site is not a substitute. She needs to sit down with a lawyer who will have to review the estate file, if any and the details. She needs to speak to either a probate or real estate lawyer in GA. She can contact the local bar association. Many attorneys give free consults. If partition needs to be brought, maybe some kind of deal can be worked out whereby the attorney would agree to take a percentage of the sale proceeds in lieu of a fee (called a contingency case). Or perhaps she can find a pro bono attorney or one who provides low cost/limited legal services.

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Answered on 3/26/13, 8:05 pm

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