Legal Question in Wills and Trusts in Georgia

The estate will be distributed pursuant to a will or state law if there is no will (absent an heir willingly giving up the share). If your uncle had wanted to give your father something more, he would have done so in a will, or perhaps by a deed. He apparently didn't. Property of an estate is not distributed on merit or who deserves it more. That would lead to never-ending disputes.

When a person chooses to die without a will he has made a choice that the things you mention didn't matter. In other words, he unfortunately did not care enough about your father to legally protect him. In that case, state law controls strictly and property is NOT distributed based on life-events. In other words, your great uncle didn't think your fatherw as worth a couple hundred dollars in legal fees and that a will was a waste of money. While you can't help your dad, who has lost out, you and your dad can protect your loved ones by writing wills. Have either of you hired a lawyer to do so?

Since there is no will, then your father and his siblings are all heirs to the 69 acres. If the administrator wants to sell, he can if money is needed to pay any bills of the estate.

The logical thing might be to separate your father's share of the estate or at least his home and some surrounding acreage from the bulk of the property and issue him a separate deed if everyone will consent. If money is needed, perhaps your father can at least purchase this amount if not the entire property.

Living on the land with permission for 20 years does not count for anything. And it was foolish to place a home on the land without being deeded specific acreage. Has your father checked the deed records? Your father needs to do what should have been done a long time ago and get a lawyer to see if this mess can be straightened out.

I hope you and your father have learned a valuable lesson and you need to make sure that you have wills so that your legacies will not be a legal headache.