Legal Question in Wills and Trusts in Georgia

My mother's will grants real property and dwelling 75% to the executor (me), and the remaining 25% split three ways. The co-owner, as tenant-in-common, owned 50% (me). The will gives 50% of decedent's share to co-owner, and the remaining 50% divided among my 3 siblings. Ergo: 75% - 8.3%, 8.3%, 8.3% of the dwelling and property. The remainder of the estate is non-probate, as "75%" (me) was the sole beneficiary of all residuals other than the real estate/dwelling. A Quit Claim offer was given to the other three heirs with the options of either signing the Quit Claim, or begin to share the expenses of the property/dwelling. One of the three has signed a 'Quit Claim'. The other two have not responded in 90 days. There is ZERO equity in the property. My attorney has suggested that I sue for contribution, obtain a default judgment, put a judgment lien on my own house, and then foreclose on my judgment lien to give me clear title that way. The other alternative is to seek to have the property/dwelling ordered sold by the probate court as a foreclosure and I could buy it back on the courthouse steps. But wouldn't these options really trash my credit? And be very time consuming? As Executor, could I simply sell the property to my son and he in-turn sell it back to me to remove my deceased mother's name from the title deed? State of Georgia.


Asked on 7/24/10, 5:58 pm

1 Answer from Attorneys

You indicate that you have an attorney. It is not ethical for me or any other attorney to give you legal advice or a second opinion. We do not have all the facts and information.

Generally, its a bad idea for multiple people to own land. If they cannot agree, the remedy is to bring what is called a partition action. Suing for contribution will only get you any sums that are past due. I do not know why you have to foreclose. They are just as likely as not to show up at the partition either.

Why would you have to allow a foreclosure? This does not make sense.

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Answered on 7/26/10, 10:03 pm


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