Legal Question in Wills and Trusts in Georgia

It sounds like you have left a great deal out.

If the home is actually in your name, why would someone else have been paying the taxes.

Since you left out all the facts, no one can answer you.

If the home is actually in your name, it would not pass to the estate. If the home does not pass to the estate then the estate cannot "sell" anything it does not have. Was your brother paying the taxes on the property to be nice, or because he has an interest in the property?

Since you left out most of the facts, it would be difficult to give you a proper answer. Contact an attorney.

You say the home is in your name. If it is in your name then your father's will is of no relevance. Your father's will can only dispose of what your father owns at the time of his death. If he no longer owns the home, then the disposition of the home is considered "adeemed."

Power of attorney ends at death, so I am not sure why this is relevant either. What will govern is what the will says about who is executor, which you indicate is your brother.

Why is your brother paying taxes if the land is just in your name? He can voluntarily do so, but I question why. Are you sure that the property is solely in your name? Check with the register of deeds in the county where the land is located to make certain.

If the property is not in your name, whose name is it in? Your father's? Assuming so, then the land would pass as per your father's will. If it says the land is inheritted by all siblings, then everyone (you, your brother and any other siblings) inherit. Your brother cannot make you sell your share, although he can offer to buy your share. Of course, it depends on whether there are any claims against the estate and enough money to pay them. If not, then there may be a procedure where your brother, as executor, can request permission from the court to sell the property and use the money to pay any claims against the estate.

However, this many people owning land is never a good idea. If someone wants to sell and someone does not, the person or persons who want it have to buy out the share of those who want to sell. If they cannot agree, then any of the owners can bring what is called a partition action. You would have to speak to a real estate litigation attorney about that.