Legal Question in Wills and Trusts in Georgia

My dad passed and mom has her name on everything including the deed to house.which form in probate court do we file ?thanks .steve in georgia .


Asked on 9/13/10, 4:27 pm

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

One good way to create a mess is to look for a form to file.

You'll save a good bit on money by hiring a lawyer. Filing the wrong form could either make a title unmarketable or cause you to spend more money later fixing things.

There may or may not have to be a new deed depending on several things including the wording of the present deed (is there a joint tenancy or joint tenants in common, which greatly affects the answer) and whether or not there is a will. The existence of any debts and how many children there are also affects the answer.

In some cases, and I can't tell without more facts, your mother may be allowed to skip a year's property taxes by NOT doing a probate and seeking year's support.

I see that you are located less than 30 minutes from my office. I'd recommend getting a copy of the present deed (and any will) and calling me at 404.768.3509 for an appointment. I can determine which steps you must take, and which may be best financially and legally. Often in probate court, we can assist you and allow you to do some legwork yourself to hold the cost down.

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Answered on 9/18/10, 4:41 pm


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