Legal Question in Tax Law in Georgia

My mother-in-law passed away recently leaving behind a small home and a half acre of land. She has two adult children. Her husband who passed away before her also has two children who have not responded to any attempts at contact regarding this matter or anything else. I understand that in GA all four children will have rights to the property. What needs to happen here? We don't currently intend to sell the property, just want to just keep the land and the home in the family for the future. Do we have to pay estate taxes and if so when do these get paid? I don't completely understand the difference between estate taxes and inheritance taxes. Thanks for your help!

Asked on 9/18/13, 10:32 am

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Guiding you through an estate administration, and tax matters, is beyond the scope of a general information website. Get a probate lawyer.

Read more
Answered on 9/18/13, 10:38 am
Robert Gardner Hicks, Massey & Gardner, LLP

You need to sit down with a probate lawyer and determine who will end up owning what percentage of the house, depending on whether her husband's estate was probated, whether the property was held jointly, and whether or not there was a will. This can get complicated so you need to find out before you do anything. As to taxes, estate and inheritance taxes are the same thing, and would only kick in if the estate were over a certain amount. There may also be tax issues you will need to get up to speed on if the house is ever sold or if you have to buy out someone's share. An estate planning attorney can tell you about these once they have all of the details.

The answer to this questions is informational only, and it is not intended to be legal advise. Only an attorney who has met with you and gone over all of the specific facts of your case can give you legal advice upon which you should rely. Follow up questions are welcome via the email below, and our firm offers free consultations via phone or in person. We have convenient offices in Winder, Jefferson, and Gainesville Georgia, and you should feel free to contact our office at (770) 307-4899, via email at [email protected], or through our website:

Read more
Answered on 9/19/13, 8:21 am

Related Questions & Answers

More Tax and Taxation Law questions and answers in Georgia