Legal Question in Real Estate Law in Georgia

estate caretaker( property)

I have become the property caretaker of a deceased person with know known relatives. I was given this position by the existing caretaker. I have to maintain this property and pay the taxes. Do I have the right to use this property however I wish or are there any restrictions? I would like to clean this property up and place a rental house on it. Can I do this? Are there any pit falls or legal ramifications of this arrangement?

Thanks,

Kevin


Asked on 7/15/07, 7:16 pm

3 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Re: estate caretaker( property)

The fact that it is not your property probably answers most of your questions. Beyond that, we don't know who has legal title or right to the property. "Caretakers" are not on the list of people who obtain title to real property when the owner dies without heirs or a will.

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Answered on 7/16/07, 6:57 pm
Robert Thompson J. Robert Thompson Attorney

Re: estate caretaker( property)

You do not state how a "caretaker" came to be in charge of this property, or who originally appointed/hired a caretaker, or how your duties were described.

If the decedent truly had no living relatives (as opposed to none you know of) the property will "escheat"--that is, the state will take it.

I doubt you have authority to rent the property, and you certainly have no right to the rent.

I suggest you retain counsel to advise you of your rights and duties.

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Answered on 7/16/07, 6:59 pm
Charles W. Field Charles W. Field, Attorney at Law

Re: estate caretaker( property)

The facts surrounding how you became the "caretaker" (which, by the way, is not a legal category) need to be explored. Consult with a local attorney.

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Answered on 7/18/07, 3:37 pm


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