Legal Question in Wills and Trusts in Georgia
My mother died in 1976. I lived with her at the time of her death and have continued to pay the property taxes -- alone ever since and I can prove it. The name on the property was never changed. I want it changed now so that my children and grandchildren may inherit it free and clear. Are my siblings considered equal stakeholders of the propety or am I entitled to sole ownership?
2 Answers from Attorneys
Neither you nor they own it yet.
Once one of you finally does a probate, you, your siblings (and if she was married, her spouse) presumably share the house. But until you hire a lawyer and do something you won't even have a partial share.
If your siblings agree, perhaps things will go better than that, but again you need a lawyer.
If you mother died unmarried and without a will, at the time of her death, her children were entitled to an equal division of her estate. You should hire an attorney to protect your interest in her real property and other assets of your mother. Even though the children were entitled to an equal share of her estate at the time of her death, you may be given certain credits, including the property tax payment, mortgage payments, and improvements to the house.
(Licensed in Georgia and Practicing in the Atlanta Metro Area)
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