Legal Question in Wills and Trusts in Georgia
Deeds to property
My parents are deceased and did not have a will, the property is still in my parents name. Their are 3 children and I live in house on the property. What do I need to do to get the property taking out of my parents and transfered to me. Both siblins will sale or gift there part of the property.
3 Answers from Attorneys
Re: Deeds to property
At minimum, you should have deeds prepared by a lawyer (to make sure that they say the right things) who can tell you what you need to do with them once your siblings execute them.
My firm assists clients by preparing deeds for reasonable fees. Feel free to contact us if you do not have another attorney to assist you.
Re: Deeds to property
You need to file as administrator of the estate for both parents. The probate law was revised in Georgia in 1998. The best practice is to go through the probate court, file as an administrator for letters of administration, then do an administrators deed to yourself, after you have gotten a signed consent agreement from all the other heirs.
Re: Deeds to property
If all the heirs are agreeable, in some cases you can do a "No Administration Necessary". In others the estate mucst be administered. Either way, an agreement amongst the heirs will hold down legal fees. Contact me if I can be of help with this. (the lawyer who said you need to be an Administartor gave incomplete or bad advice; that may not be the only option.) Deeds alone will not transfer the property; action of the probate court is required.
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