Legal Question in Wills and Trusts in Georgia

my father passed and left me as the excutor of his estate. In his will he left my mother all his asset including the house. i went to probate will and they said i need an adminastrative deed can you tell me what is this and how much would it be and someone told me i should place the house in a trust is this true and how do i go about getting this done


Asked on 9/01/10, 3:02 pm

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

That is not the advice you request on an internet message board, and a qualified lawyer is not going to give you the advice here. You need a probate and estate lawyer now, before you make mistakes.

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Answered on 9/06/10, 3:07 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You have already made a potentially very expensive mistake in probating the will. You should have seen a lawyer first. It may have been smarter to let the mother file years support to get the home that way, as that allows for a one year waiver of property taxes and also could have possibly helped avoid some estate debts. That mistake already probably cost you more than retaining counsel would have cost.

Before you make more mistakes, get a lawyer. For one, you do NOT do an Administrators Deed. First of all you are the executor. Secondly, the document you likely will use is an Assent to a Devise and NOT a deed, and there is no form for that (although any experienced estate lawyer can draft one for a nominal fee).

Finally, unless there is some tax or other reason (such as language in the will requiring it) to use a trust, that would not be a step normally done.

Since you're in metro Atlanta, call me and I'd be glad to help. The cost will probably be quite small (I need to see what else you did and did not do). You don't want to mess up title to the home with a misstep (and depending on timing there may still be time to save taxes via year's support rather than a transfer by will).

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Answered on 9/06/10, 3:47 pm


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