Legal Question in Wills and Trusts in Georgia
My father died intestate two years ago. The only heirs are myself as daughter. My brother, and his wife of three years. The estate holds no debt. The wife nor my brother want the 1 acre property with home. Petition to Obtain No Administration Necessary for Estate seems correct as all heirs agree I can have 100% of the estate. I am in Georgia. In the Standard form 9 for the petition I have to write the agreement for heirs to sign. How should I word the agreement, do I go into detail as how the other heirs do not have the resources to fix the damaged property and do not want the burden? I think I have everything else figured out and have the legal description of the property and everything I just cant afford to hire an attorney to do this for me and my dads property is rotting away as we speak. I paid the property taxes so it would not go to the courthouse. His wife was just going to let it go. My dad built the house I would like to renovate it and live there with my family. Even just an example of such agreement would be helpful. In Georgia.
1 Answer from Attorneys
Plain and simple, you can't afford to do this without a lawyer. (Since a lawyer could draft what you need and review everything for a few hundred dollars so you could walk it through it is really nonsensical not to get counsel). Such agreements have to be custom drafted. Even a single small error can render the title unmarketable, meaning you could never sell or get a loan on it, and heirs could never get clear title from you. If you are trying to hold costs down, take your best stab and have a lawyer review it before filing.
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