Legal Question in Wills and Trusts in Georgia
My father passed away and I am the heir to his estate. His home was in a tax foreclosure sale and there are overages to the estate. I have given the county all of the documentation that I believe they need. They will not tell me exactly what documents to provide in order to claim the excess funds. After giving all of the documents, the lady told me I need to prove or show my legal interest in the property. Can someone please tell me how to do this? I have provided the county with a written letter stating my desire to claim the excess funds on my fathers behalf. What more is she asking for?
2 Answers from Attorneys
Get a lawyer if you want the money without unnecessary trouble. It might be something that can be done fairly quickly (though that depends on whether you or the executor/administrator of the estate has done everything correctly to this point). A lawyer can also likely fix the mistakes made. Within knowing what has been done to this point, your questions can't be answered. We can safely say that merely writing a letter "stating your desire" to get the money is not going to work.
You left out a great deal.
When you say you are the legal heir, was there a will? If so what did it say and did you probate it?
If there was not a will, did he also have a spouse or other children (in which case you are NOT the sole heir)? And in that case, have you applied for administration?
You need legal counsel in such matters. Feel free to make an appointment with me with the needed details. (The county will not tell you what you need. Your lawyer can.)
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