Legal Question in Wills and Trusts in Georgia

How much right do I have if my Granny left her estate to my aunt and I? And when my aunt passes her part also goes to me then to my decedents?

Asked on 12/17/15, 10:12 pm

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Your post makes no sense. We don't know what is in a will, or who will get your relatives' property. You seem to know, so it is not clear what you are asking us?

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Answered on 12/18/15, 7:17 am

I have to agree with Attorney Riddle. It makes no sense to talk of "rights." What is important to see is the deed to the land and the will if grandmother is deceased. Your post makes no sense. People can convey land during their life or in a will. Usually it is conveyed outright.

I am not sure if your grandmother made life estates or what here. If you and your aunt are joint owners of the land then you have equal rights to use and enjoy the land. You also have equal responsibilities to maintain the land and pay the taxes, insurance and upkeep. That means that you and the aunt must agree on everything having to do with the land - so if she wants to turn it into a ski resort and you want to live there, its a problem.

If there is a life estate of some kind, then the life tenant gets to use and enjoy the land. However, the life tenant is solely responsible for the taxes, insurance and upkeep. The life tenant has to maintain the property and cannot commit waste. The life tenant usually can keep the profits from the land. The life tenant can also rent out the land to someone else. When the life tenant dies, the remainderman will then get the property.

Since I do not know what you have, my suggestion would be for you to either see a probate law attorney if your grandmother is deceased or a real estate attorney who practices in the county/state where the land is located to see how the deed to the real estate reads. Once you know how the land is owned then you will know what kind of ownership interest you have and what your rights and responsibilities are.

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Answered on 12/20/15, 10:18 pm

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