Legal Question in Wills and Trusts in Georgia

My mother pasted away and was leaving me her home. I had taken care of her for years. But since the paper she wrote on was not noterized my sisters wanted a part of the house. I finnally agreed and we filled out the papers to have us all put on the deed, But one of my sisters already had her name on it and she was the exicator of the estate. She filed all the paper work except the one that intitles the rest of us to own the home also. What will I have to do to fix the problem? It was her attorney who set up the papaer work and he now says he gave her all of the paperwork for her to file. She says she still has it but it has been 6 years, I have been paying the taxes and insurancea nd live in the house.


Asked on 9/20/09, 2:47 pm

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Your post is far from clear on many details, but if your mother passed away while owning the house, the property passes pursuant to the terms of her will, if she had one, or pursuant to state law if she did not. It is the executors or administrators responsibility to see it is done properly, after debts are paid. It appears you might be asking if a "side agreement" somehow controls. That would be unlikely. You also mention "papers" that you filled out, but if you do not own the house and are not the executor/administrator, you do not have authority to do anything with estate property. No one here has the documents. The executor/administrator and the lawyer know what is going on. Discuss with them.

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Answered on 9/25/09, 3:03 pm


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