Legal Question in Real Estate Law in Georgia

Real Estate Question

My husband and brother-in-law have land together in both their names and also, my brother-in-law had 5 acres where he lived. He recently passed and has no children and was not married. Their mother is still alive. He did not have a will. Who gets the land? His mother wants my husband to get everything. How do we go about this? What are the laws pertaining to this? Please advise.


Asked on 11/13/03, 8:58 am

1 Answer from Attorneys

Harold Holcombe Harold D. Holcombe, P.C.

Re: Real Estate Question

I would strongly advise getting a competent attorney to help you through this process as their is title to land involved.

The process is not complicated, but involves a span of time with many documents. What needs to happen will depend in part on how the land owned by your husband and brother-in-law was titled. The issues are too complicated to discuss in this format.

First thing you will need to do is file Letters of Administration in the Probate Court and get an administrator appointed. The Probate office will not give you legal advice and the worst thing that can happen is to just file the probate information without addressing the real estate chain of title issues.

It will not be a problem to getting all the property in your brothers name, just a lot of paperwork and some time expended.

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Answered on 11/13/03, 9:20 am


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