Legal Question in Wills and Trusts in Georgia

My mom passed away,and her husband asked me to sign a piece paper to get her name off is that what he is doing or he trying to get me sign over my rights to the house?


Asked on 1/24/12, 10:05 am

3 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

You are asking us to guess what the document is without telling us the first word of what is says. There is obviously no way to tell you what it is since you chose to tell us nothing about it.

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Answered on 1/24/12, 10:07 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

There is no way we can guess what a document says without reading it, especially since you chose not to tell us what is in it.

It would obviously be very dangerous and foolish to sign a document without taking it to your lawyer first.

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Answered on 1/24/12, 11:10 am

I have no idea as I don't know what he is asking you to sign. Was the house owned by your mother and her husband jointly? If so, then the house automatically would pass to your mother's husband upon your mother's death and you would not have to sign anything related to the deed as he would be the sole owner. If the answer is no, did your mother own the property as a tenant in common with her husband or solely? If you don't know, go to the register/recorder of deeds in the county where the land is located and look up the deed.

If you are asked to sign some type of deed conveying your rights in the home to your mother's husband, then you definitely should go and see an attorney before signing anything. If you are asked to sign something else, could it be that your mother passed without a will and her husband has applied to administer her estate and you are asked to consent?

Even if this is the case and it might be okay, I still would not blindly advise you to sign. You should make an appointment with a probate attorney in the county/state where your mother lived at the time of her death and let the lawyer review the paper that you are asked to sign, the deed to the house and any will and pay the attorney to review it. Otherwise you may be making a huge mistake.

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Answered on 1/24/12, 8:18 pm


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