Legal Question in Wills and Trusts in Georgia

Transfer of property

My mother (executor of my father's estate, holding only life estate) transferred in clerk's office 100 acres of land she doesn't own to my nephew. What is the legal term for ''you can't give or sell what you don't own?'' and what should I do. I and my brother are next in line for the property upon her death. She has been incensed since learning of the life estate my father left her, realizing she would remarry and squander everything if he didn't. She has remarried and squandered what she could. It has been a battle, but I feel my daughters (lineal descendants) are as entitled to the land as is my nephew, a whiner with no other means of support. They're being punished for leaving, going to college to get degrees and pursue their dreams, not to plant cotton and develop ulcers praying for rain, then praying for it to stop when it comes. My mother doesn't -- or cannot -- respect their desires and see it as ''having no interest in the farmland.'' HELP!


Asked on 3/01/07, 10:10 am

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Transfer of property

You need legal counsel. Probate may be necessary. An action to set aside a phantom deed may be necessary.

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Answered on 3/01/07, 10:32 am
Charles W. Field Charles W. Field, Attorney at Law

Re: Transfer of property

You can't handle this yourself. You should contact a local attorney ASAP. The longer you allow the situation to exist without taking action, the more the argument can be made that you approved it.

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Answered on 3/02/07, 5:09 pm


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