Legal Question in Wills and Trusts in Georgia

Grandmother's Estate

Grandmother died in 1965. Will (which was never probated) stated house was to be sold and divided among her 6 children and their children if they were deceased. Children agreed to let 1 sibling live in house until he died. He died in 1990, and my father (who is now the only living sibling) has maintained and paid all taxes on the house for the past 17 years. How should my dad get a clear title so he can sell the property?

UPDATE: All decedents have signed a Quit Claim over to my Dad. Can we now sell the property?


Asked on 10/04/07, 8:55 am

1 Answer from Attorneys

Robert Thompson J. Robert Thompson Attorney

Re: Grandmother's Estate

Maybe, but only if all heirs are accounted for and consent. The siblings' interest in the house vested in 1965, adn would have passed to their heirs under their wills or by intestacy, if they had no will.

You should have an attorney make this determination, which will have to include examination of the wills of all deceased siblings and any deceased descendants, and accounting for all heirs at law of intestate siblings and descendants.

It may be necessary to probate your grandmothers' will. Again, consult an attorney.

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Answered on 10/04/07, 9:54 am


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