Legal Question in Wills and Trusts in Georgia

My father was a Hall County resident who lived in Gainesville GA until his sudden death in 2000. At the time of his death, there was no will. He lived in GA with his second wife and their daughter. At the time of his death, my stepmother made it clear that he had nothing therefore we weren't getting anything and anything he did have was going towards her daughter. "We" consisist of 2 other daughters from his first marriage, I am the first born. We never asked for anything. Suddenly in 2005, I received two letters from an attorney in Georgia. Apparently it was a letter resigning all rights towards the house my father and stepmother had bought together, in exchange for $2,000 to each sister.

I was blindsided, so I called her to ask about more information. According to my stepmother, since my father was only alive for the first year they owned the home we weren't entitled to anything because she had been paying the mortgage since 2000 on her own...therefore the house belonged to her. From what I am told my sister and I are on the deed, she wants us off of it becuase we have no right to it and it belongs to her and her daughter. The attorney she had would not return my calls and was hardly ever available for me to speak with. Because of the lack of information, I refused to sign any of the paperwork and also rejected the amount offered.

I strongly believe she was completely aware that we were on the deed or on some paperwork pertaining to the house from day one. At the time of my father's death, she never told us anything about it and this was because she wanted to ensure we did not receive anything. It seems as though she may have attempted to sell the home and was unable to unless we signed off. I never heard back from her since then, so I don't know what the outcome was to this issue.

I would like to obtain more information and know what my rights are.

Your feedback would be greatly appreciated.


Asked on 1/22/13, 9:24 am

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Rather than asking for guesses on a website about deeds and documents we don't have, you need to see a lawyer now to determine what the deeds actually say, check to see if there was a probate estate, what happened to it, and so on. No one can tell your rights without all facts and documents.

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Answered on 1/22/13, 9:52 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

It is very likely that the delay in you asserting any rights you may have will have hurt you. But you may have some ownership claim to the house, depending on how the deed was worded. You should retain a lawyer in that area immediately (you should have done so 12 years ago) to research the title and your possible rights, and what harm, if any, your delay may have caused.

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Answered on 1/22/13, 9:55 am


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