Legal Question in Wills and Trusts in Georgia

If only assests are one half on home does will need to be probated


Asked on 6/23/10, 11:23 am

3 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Yes.

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Answered on 6/23/10, 2:47 pm
Paula McGill Attorney at Law

Yes, it does need to be probate to transfer title and mortgage liabilities (if any). Also, you have to consider any liabilities, including car loan, credit card debt and mortgage liabilities.

To learn more about the probate process go to www.gaprobate.org.

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Answered on 6/23/10, 3:19 pm

Yep. There might be claims against the estate as noted by Attorney McGill. And the larger problem is that this is one-half the house. My question is who owns the other half? While this may or may not be related to probate, I can foresee potential problems arising between the heirs and the other property owner. Those should be worked out now, not later. If there is a will which appoints you as personal representative or if there is no will and you are qualifed to be a representative talk to a probate attorney to help guide you through the probate process.

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Answered on 6/23/10, 3:53 pm


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