Legal Question in Wills and Trusts in Georgia

I don't know why you were asked to sign a quitclaim deed. I also don't know where your mother lived in 1994 at the time of her death. It sounds as though your parents did not own their home either as joint tenancy with right of survivorship (JTWROS) or tenancy by the entireties (TBTE).

If they did own as a JTWROS or TBTE, then the land automatically would have passed at death to the surviving spouse.

If your parents owned the land only as tenants in common, or if your father's name was not on the property or if your parents lived in some kind of community property state like Lousiana, then it would make sense that your father and you children would jointly inherit your mother's share of the property in accordance with the state intestacy laws. To make things easier, maybe it was felt that the children would quitclaim their share to your father, but I can't say.

If this had not been done, then your father would not be forced to sell the property. I would have meant that your father would own the property jointly with his children. I assumethat debts would not have been an issue or else the property would have been sold rather than quitclaimed.

A quitclaim deed only applies to land. I don't know what other assets your mother may have solely had. Usually the surviving spouse and the children (if there are two or more) split the personal property remaining after the spousal allowance is paid and any debts are paid, on a 1/3 (to father) and 2/3 (to children) basis. However, the state intestacy law in effect att the time of your mother's death would govern.

Let this be a lesson to you. The surviving spouse just does not "get everything" by virtue of death. Exceptions can be bank accounts and land, but most other things go by state intestacy laws. Don't leave it up to the state law. I know that no one likes to think about dying, but it makes life so much easier for your loved ones if you have a carefully thoughout estate plan in place. And if you have minor children you definitely should have an estate plan in place.

Any time that you have a life-changing event like a birth, adoption, death or remarriage, you should revisit your estate plan. If you move or have a significant change in assets you should also revisit your plan. So if you have an estate plan, periodically look at it to make sure that things have not changed. If you do not yet have a plan in place, get one by either visiting a Georgia lawyer or at least getting something basic from a do-it-yourself-site.

It sounds like you may have a mess and not know it. Quitclaim deeds would not have settled the estate unlessother steps were done. They would not have helped at all with anything besides the land, and, since there was apparently no probate, you had no land to deed.

Since your post seems to indicate that the land may still be in limbo, I recommend that you see an attorney as soon as possible, or rather that your father does. Perhaps you left out details, but it sounds like he got some bad advice.