Legal Question in Wills and Trusts in Georgia

The answer is still the same as when you asked online a couple hours ago. In case you missed it, here is that answer:

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No probate should be started without a lawyer. There are certain steps that must be done in a certain order. Once proper notices are advertised and creditors paid, then assets can be distributed. Since your husband is not the heir one decision a lawyer will make is whether to use two steps (give it to you first and then to him) or one (direct to him). Gifts between spouses raise other legal questions a lawyer will want to ask. It generally wont be hard or expensive, but the key is getting it right.

Attorney Ashman is correct - you need to see a probate lawyer. I assume that your father died without a will and that he had no spouse or other living children. In that case all goes to you. You cannot disclaim and have things go to your spouse directly. It will have to pass to you and then you can gift it to your husband if that is what you wish to do, although I am not sure why.

However, there is a big problem in that the house and land are not paid for. In such case, you cannot make a gift because it would violate the terms of the mortgage and the whole balance would be due and payable.

You really need to see a probate awyer. I don't know what you are doing or why there is a need for speed here. Most estates take a year to administer depending on their complexity. However, you do not need to wait a whole year. You can make an early distribution of the trailer and land to yourself. Since the trailer and land is not paid for, have your husband buy it. The equity would go into the estate and pay any other creditors. If there is no equity then the proceeds would go to satisfy the existing loan.