Legal Question in Wills and Trusts in Georgia

my grandparents purchased property, known now as heir property my dad is the sole survivor, there are names on the list from his siblings . How do we as children add our names on the list.

Asked on 10/10/11, 10:31 am

3 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

What "list?" You need to rewrite your post with clear facts and a clear question.

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Answered on 10/10/11, 10:32 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

There is no such thing as "heir property." That is a term we lawyers hear often, usually when families have faile dto do proper probates. There is no "list." You need to see a lawyer. Some of these cases become very complex and expensive and involve quiet title cases because no one did the proper steps at the right times.

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Answered on 10/10/11, 12:33 pm

As noted by Attorney Ashman, there is no such thing as "heir property." He is correct that this arises when land was owned by ancestors and nobody bothered to probate estates for anyone who died. These are a nightmare for everyone involved and if there are no problems now, there will be.

It does not matter that your father is the sole survivor. I don't know if he had siblings who may have died and had children. If so, they may also be entitled to be on the deed.

What I suggest that you do is go and see a probate or real estate attorney in the county/state where the land is located. If your grandparents had wills, bring them as well as the deed to the land, and a list of all of your grandparent's children and the date of their death, if applicable. If those children had children (your cousins) bring their names and addresses as well.

If neither of your grandparents had a will and they owned the land as husband and wife, then the usual process is that the land passed to the surviving spouse and or/children and upon the death of the surviving spouse, the children got 100% of the land. Divide the land into as many children as there are, both living and dead. If the children (your father's siblings) are dead, figure out if they had any children.

If you want the land, then you will have to buy out the shares of the other owners of the property. If you don't want to buy them out, consider it anyway. It is never a good idea for a bunch of people to all own a small piece of the land like this. However, if you truly just want your names added to the deed, then you will need to get the lawyer to draft a new deed to the property. I don't know why you need to do this unless you are placing the land solely in your name and buying out the other's shares. If you are not doing that, then you already own the land by virtue of your being a grandchild provided that your grandparents and father are deceased and did not have wills and disinherit you.

So go to the attorney and figure out what you have or don't have first. But if your father is still alive, then you have nothing, unless you wish to buy out the shares of other owners.

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Answered on 10/11/11, 9:18 pm

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