Legal Question in Wills and Trusts in Georgia

If my aunt died intestate and I have initiated the probate process, how can I purchase some of her real estate to insure that it stays in the family?


Asked on 7/19/10, 12:49 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Step one is hire a lawyer. If you do it improperly you may have unclear title or get sued.

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Answered on 7/19/10, 4:45 pm

First of all, you do not inherit the probate process. You inherit real or personal property. If your aunt died intestate, then anyone who is interested in her affairs can probate her estate. Usually, this falls to spouses, if any, and then children. If there are none, then siblings or nieces/nephews like you.

There are rules as to who inherits the land. I don't know what other assets your aunt has, the value of the land, the value of any claims or if there are other heirs. I agree with Attorney Ashman that the first step is to consult a lawyer regarding the probate of your aunt's estate if this falls on your shoulders. Assuming there are other heirs, you can buy out their share of the land if you want it, but you may need counsel to assist with that.

What is this with concern over keeping land in the family? You should instead ask yourself, do I need/want the land and do I have enough to pay for it? Even if land is vacant, it still costs money - there are property taxes. Will you be able to sell the land if you need to? You better answer these questions before you get stuck with an albatross that you cannot unload.

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Answered on 7/19/10, 5:53 pm


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