Legal Question in Real Estate Law in Georgia

In the case of a parent dying, the children in the state of georgia recieve half of the parents estate without a will. That being said, Can the surviving parent sell property without the knowledge of the remaining heirs? If a contract was put on the property without the heirs knowledge can the heirs be sued for withdrawing the contract? Also can the potential buyer obtain the property with no ownerships rights other than the contract( no signed or closed on yet)


Asked on 8/07/10, 4:01 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Your first sentence is not necessarily true, and you have not posted enough to begin to answer you. See a lawyer.

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Answered on 8/12/10, 4:08 pm

To begin with that statement is incorrect. In Georgia if one parent dies intestate (without a will) the remaining property will go to the heirs per stirpes. If there is a surviving spouse and 1 or more children they will divide the property but the surviving spouse will always receive at least 1/3rd. So the interests vary based on the surviving heirs the surviving spouse will always have at least 1/3rd.

The property at the creation of a probate estate would vest in the administrator of the estate, but would have to be given a power of sale. Most closing attorneys would require quitclaim deeds from the heirs at the time of closing and probable affidavits of descent. The heirs would need to be notified as to the sale of the property.

I have no idea what you mean by "can the potential buyer obtain the property with no ownership rights other than the contract." I guess I don't understand it but my answer is an uncatagorical "no."

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Answered on 8/12/10, 4:14 pm


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