Legal Question in Real Estate Law in Georgia

My dad died in TX with no will. There was an estate opened there that is long settled. The attorney for the estate did not open auxiliary estates in FL or Ga or WVA. My brother and my 2 sisters scurried around and got buyers who would accept quit claim deeds for the properties in W.VA and Valdosta, GA. Even though I did not participate, both W.VA and Ga moved the property ownership to the quit claim deed buyers. Is this legal? I paid the taxes on both the W.Va and Valdosta, GA properties for awhile, but stopped when the ownership was transferred to other people.


Asked on 10/24/13, 10:48 am

1 Answer from Attorneys
Rachel Hunter

A quit claim deed essentially transfers whatever ownership rights the seller has in the property to the buyer. The seller is not warranting anything. So the quitclaim deeds are valid to transfer ownership of only your siblings' interest in the property. Your interest could not have transferred to the buyer unless you also signed the deed. The effect would be that you have a 1/4 interest in the properties assuming that all of the children were to inherit equal shares.

You will need to talk to real estate attorneys in both GA and WV who practice in the county where the land is located. You may be able to force the owners to buy out your share of the properties. You do not indicate when your father died or when your siblings conveyed their share of the properties or when you stopped paying taxes. The lawyer will have to review the deeds to the properties and the quitclaim deeds in order to better advise you.

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Answered on 10/25/13, 10:34 pm


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