Legal Question in Real Estate Law in Georgia

name transfer

my brother died 5 years. he has a house. all the deeds that are on the house I want them transferred in my name. I am the executor of his estate.


Asked on 7/14/01, 12:52 pm

1 Answer from Attorneys

Hugh Wood Wood & Meredith

Re: name transfer

Well, assuming the terms of the Will ALLOWS you to transfer all property to yourself as Executor, the appropriate method (provided you do not need approval of the Probate Court -- which varies from situation to situation), you would simply deed the property, By an Executor's Deed, from The Estate of Brother, by You as Executor, acting in your capacity as Executor, to You, individually.

Be aware that in this conveyance, you (because you are executor) may still be subjected to creditor's claims or claims of the beneficiaries, if there is any question about your brother's intent you receive the property. This is because as executor, you stand in a high fiduciary duty to the estate, the probate court, outside creditors and the beneficiaries. HCW

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Answered on 7/16/01, 12:53 pm


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