Legal Question in Wills and Trusts in Georgia
Estate
I have to file a right of survivorship concerning a house that my late father bought for me. An attorney is over $3000. The house is in his name, but I have been living in it since the day he bought it and maintaining taxes, mortgage, insurance. My father had a will, but my mother will not produce it. She wants nothing more to do with the house and before I can deal with the mortgage company in reference to this loan and account they are wanting a right of survivorship to be sent to them. I would like to try and file this with the court myself. Can you help me find any information on the right forms to file with the court.
2 Answers from Attorneys
Re: Estate
There is no such thing as "filing a right of survivorship." A right of survivorship can be created only by deed, and the deed (along with the death certificate) is proof.
If you have that, you may not need anything. Since you say someone wants to charge you $3000 I suspect you are very confused about what you actualy need and should hire a lawyer to see what you do need to do. A consultation will be very inexpensive. With the facts you posted, no one can answer you here.
Re: Estate
Under circumstances where the parties are cooperating with each other, this situation is not that difficult. If your mother will not allow you to see the will, then it sounds like you may not have the coooperation that you need for a smooth transition. If you and your father did not take title to the property with joint rights of survivorship, there is nothing that you can do to obtain it now. If you have been paying all of the debt on the property, then the best thing that you can do is pay an attorney to assist you. The mortgage that your father signed probably gives the bank the right to call the entire debt due upon his death, so you may not have much time before that occurs.