Legal Question in Real Estate Law in Georgia

I along with six (6) other siblings own my parents home. They are both deceased. Three of my siblings are not paying the property tax nor any maintenance of the property. Those of us who are paying would like to have them removed from the deed to the property. How do we do that? Secondly, we would like to rent the property. Do we need the other family members approval to rent or can the three of us who are paying draw up a rental agreement?

Looking forward to your response.


Asked on 6/18/10, 5:53 pm

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

The three of you can't take the other's property or property rights. You can't rent it wothout their okay, and if it is rented they get their share.

I am sure if you used a lawyer for probate (and you needed to) that he explained this and the pitfalls to having 6 owners instead of selling the home.

You may be able to sue the others. A likely outcome is that the court will partition the poroperty by selling it and splitting the money 6 ways.

The question you didn't ask: was there a proper deed drawn up in the probate. If no, none of you own it yet. At this point you need a lawyer.

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Answered on 6/18/10, 9:00 pm


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