Legal Question in Wills and Trusts in Georgia

My boyfriend just inherited his fathers house. His father past away in December. He is in the process of fixing up the house to sell, such as paint, carpet, cleaning, etc. The house does not have a mortgage, just some un paid taxes that are being paid as well, along with current power bills, water bills, etc. Will he need to have the house put in his name in order to sell the home? Or can it stay in his deceased fathers name and then transferred to the new owner? He has the death certificate and paperwork to show the house was given to him.


Asked on 6/30/17, 5:29 am

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

You leave out a lot of information. Who is the executor or administrator of his father's estate, who is responsible for properly handling these and other issues? Were all the debts of his father's estate paid? The executor or administrator of the estate needs to handle their duties properly. Otherwise, it may be a big problem later.

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Answered on 6/30/17, 5:33 am


Glen Ashman Ashman Law Office

Sounds like he's already messed up. Inheriting the house requires a probate proceeding in probate court. It should NEVER be done without a lawyer. Whether he must sell the home in the estate's name or can transfer it depends on many details you left out (was there a will or not, was the father married, were there other children, how much is owed in taxes, etc). It may or may not be appropriate to fix it up. He can be sued for mistakes in probate so make sure he stops doing anything until he gets counsel. The death certificate is completely irrelevant and the only paperwork that matters will be what is filed in court.

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Answered on 6/30/17, 5:51 am

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