Legal Question in Wills and Trusts in Georgia

executor

My mom passed away in Nov., 03, and left everything split between my brother and myself (her property and house mainly). Because of a lot of expense with her care, my brother signed a quit claim deed in Dec., 03, signing his rights over to me, and that has been filed and recorded. My uncle is the Executor, and he has probated the Will, and an Executor's Deed has been filed. It seems the Executor's Deed signs the property and house over to him? After this is done, how does the property and house get signed over to me? And, does it have to be signed over to both my brother and myself since that was what was stated in the Will? If the latter is true, then does my brother need to sign another quit claim deed (since he wasn't actually an owner of the property and house in Dec.)? Thanks for any help you can provide!! There was nothing in her estate to pay for any expenses, and I'm absorbing all the costs, so was trying not to have to hire an attorney if at all possible. Her care was very expensive, and she had no insurance or life policy either, so any help will be greatly appreciated.


Asked on 3/17/04, 2:56 pm

1 Answer from Attorneys
Randall A. Lenz Randall A. Lenz, Atty, CPA

Re: Executor

The Executors Deed should have been issued by your Uncle as Executor to you and your brother as beneficiaries. I have never known a case where an Executors Deed was issued in favor of a non-beneficiary - so maybe you are mistaken about the deed being issued to your Uncle. Once title has been properly deeded to you and your brother, your brother then could issue you a quit claim deed for his interest.

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Answered on 3/17/04, 3:09 pm


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