Legal Question in Wills and Trusts in Georgia

Property
My grandmother died, her property deed has stated (since 1989) owners are my uncle, my other uncle (who is deceased), my brother and myself. In the deed it states ''fee simple''. Do all parties have to agree to sell the property? Will the proceeds be divided by 1/4, are the deceased uncle's children entitled to his 1/4 share of the proceeds? I live out of state and the deceased uncle's children have trashed the house in taking out furniture, appliances, pretty much everything (even a door) and have let no monetary compensation for these items. Additionally, since the deed is specified in the 4 names (independently as stated above) but the will says -''sell the property and home and contents and sell everything and divide equally'' is there any way to receive compensation for what they have already taken?

Asked on 8/10/07, 8:00 am

2 Answers from Attorneys

Robert Thompson J. Robert Thompson Attorney

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Re: Property

To answer your questions in order:

1. All owners must agree to sell, unless legal action is brought to compel a sale.

2.The proceeds will be divided into 4 parts. The distribution of the deceased uncle's part will be governed by his will, if he had a will. If he did not have a will, the distribution will be governed by the laws of intestacy, which usually means division among his spouse and children. If his estate is still being administered, his executor or administrator will succeed to his interest.

3. His children are liable to the other owners for any damage done to the real estate. You do not give enough facts to determine what liability they have for taking the furniture, or to whom they owe it.

Answered on 8/10/07, 10:39 am

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