Legal Question in Real Estate Law in Georgia
Both owners deceased, who owns condo?
Grandmother was original owner of condo. Became terminally ill in 1997, so Mother and Grandmother filed quick claim deed to have joint titelship of condo. Grandmother died later in 1997. Son moved into condo after Grandmother died. Mother and son co-signed a refinanced mortgage on condo in 2000. Mother died in 2000. County superior court real estate division says the joint titleship between Mother and Grandmother is most current deed on file for the condo. Mother did not have a will. Stepfather is executor of her estate (to the best of our knowledge). How does Son apply for full titleship of the condo? Who legally owns this property, or how do we find out?
1 Answer from Attorneys
Re: Both owners deceased, who owns condo?
You need to have a local attorney review all the pertinent documents. First, you can't have an Executor without a will. I am guessing that the Mother-Grandmother deed included a survivorship clause. If so, Mother's estate owns the condo. The son needs to apply to the county probate court to be appointed Administrator of Mother's estate.
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