Legal Question in Wills and Trusts in Georgia

Quit Claim Deed

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It would depend on whether there is any debt on the property. If there is debt (a first mortgage), he will need to deal with the bank before he works on the transfer of title. Also, you did not provide enough information about whether the mother died with a will or without a will. If she died without a will, you may experience NC probate problems that we would be unaware of as GA attorneys. If their is no debt on the property and the property has passed to someone else, they can usually enter into a quit claim deed (for natural love and affection -- being family members) that invokes no tax and passes the property to the target beneficiary. Tax, that is, being cap gains or income tax. You cannot avoid the state transfer tax and/or the DSD tax, if you put new debt on the property. Also, if you have an intestate death, you may need to draw up an administrator's deed. If you have a testate death and he is not legacy, then you may need an executor's deed. Based on the thumbnail of facts you presented, this should be neither hard nor expensive. Go see a local lawyer that specializes in real estate closings. He or she should have the forms on software.