Legal Question in Wills and Trusts in Georgia

I assume you mean who "owns", not who owes. The answer is no one does right now.

Until or unless you or another heir file a probate no living person owns anything she had. You should see a lawyer ASAP to discuss an intestate probate.

That will transfer property to the legal heirs, deal with bills, etc.

My office handles such cases, so feel free, if you wish to retain me, to call me. (404-768-3509)

Who owes or who owns?

Assuming that you mean who owns the estate, I assume that your mother lived in Georgia at the time of her death. Since ryour mother did not have a will, then her property would be inherited by your mother's spouse and children.

If your mother had a spouse who was alive at the time of her death, did your mother and her spouse or anyone else own any land as a joint tenancy with right of survivorship? If so, the land automatically would pass to the survivor. If not, Georgia law provides that title to the land passes to the heirs. I have set forth the statute below.

Title to land passes subject to any outstanding mortgages. The heirs cannot sell the land, however, unless an order is entered advising that no estate administration is needed or unless the personal representative joins in the sale.

This is because the bills must be paid before the heirs get anything. You do not indicate what dets or claims, if any, are outstanding.

What I suggest that you do is have a meeting of your mother's children and her spouse if any. Whoever lives closest to the county/state where she lived and who is good with money and handling affairs should be the person who is the personal representative. That person should go to the probate court and get the forms and see if probate is necessary. Depending on the size and complexity of the estate, that person may want a lawyer. It is not necessary, but if the personal representative lives out of state or if there are a lot of debts, its a good idea to have a lawyer. Even if the personal representative can handle it on his or her own, the personal representative should still sit down with a probate attorney and pay him/her to review the assets and debts and advise the personal representative of his/her responsibilities in administering the estate.

� 53-2-7. Vesting of title to property; right to possession

(a) Upon the death of an intestate decedent who is the owner of any interest in real property, the title to any such interest which survives the intestate decedent shall vest immediately in the decedent's heirs at law, subject to divestment by the appointment of an administrator of the estate.

(b) The title to all other property owned by an intestate decedent shall vest in the administrator of the estate for the benefit of the decedent's heirs and creditors.

(c) Upon the appointment of an administrator, the title to any interest in real property which survives the intestate decedent shall vest in the administrator for the benefit of the heirs and creditors of the decedent, and title to such property shall not revest in the heirs until the administrator assents to such revesting. For purposes of this Code section, the assent of the administrator shall be proved in the manner set out in Code Section 53-8-15.

(d) Upon the appointment of an administrator, the right to the possession of the whole estate is in the administrator, and, as long as administration continues, the right to recover possession of the estate from all other persons is solely in the administrator. The administrator may recover possession of any part of the estate from the heirs at law or purchasers from them; but, in order to recover real property, it is necessary for the administrator to show, upon the trial, either that the property which is the subject of the action has been in the administrator�s possession and without the administrator�s consent is held by the defendant at the time of bringing the action or that it is necessary for the administrator to have possession for the purpose of paying the debts, making a proper distribution, or for other purposes provided for by law. An order for sale or distribution, granted by the judge of the probate court after notice to the defendant, shall be conclusive evidence of either fact.

(e) If an order has been entered under Code Section 53-2-41 that no administration is necessary, or if the administrator has assented to the vesting of title in the heirs, the heirs may take possession of the property or may sue for possession of the property in their own right.