Legal Question in Wills and Trusts in Georgia

Verbal gifts of land have no meaning. You have at least two intestate estates to probate, and the fact that you waited until an heir died means you probably have three estates to probate. You need to sit down with a probate lawyer to prepare the three petitions, and sort through who gets what. There's no way to sell anything until someone gets the court's permission, and the longer you wait the more complex and expensive it will get.

I agree. This is a nightmare. Unless your dad gave the land to your brother while your dad was alive and your brother recorded a new deed, the verbal "gift" doesn't exist. When your father died, the assets passed to your mother and the surviving children on a 1/3 (mother) - 2/3 (to children) basis. Then when your mother died, the children would have inherited whatever assets your mother had. Your sister's death complicates this. Since there was no will, her spouse and children (if any) would be entitled to inherit her share provided that she died AFTER your parents. If she died after your father but before your mother, it gets even more complicated.

You do not indicate when these people died or what states they lived in at the time of their death. Depending on how long ago it was, an estate may not need probated for your parents. You will probably need to probate an estate for your sister but it will depend on if she had a spouse or children. However, you just can't sell the land and split it four ways because your sister's heirs would be entitled to her share if they exist.

I think you need to sit down with a probate attorney who practices in the county/state where you parents lived at the time of her death and see who is entitled to inherit and if estates need probated. If your sister lived in a different state, you may need to speak with an attorney in that place as well.

Good luck.