Legal Question in Wills and Trusts in Georgia

Sell of property in Probate with Minor

Wanting to sell estate. Year Support was granted to self and 2 minors 6 years ago. What further needs to be done to sell the property. One child is no longer a minor and wants to give his part of property to mother ( me ). Does court decide what I do with the proceeds from a sell? When can minor child of 15 take his name off of property or will a guardian have to be appointed for him in order for me to sell? Do the courts get any of the proceeds from the sell? Need answers before contacting a realtor. Estate size is greater than 700,000.00, this is a lot of money, will courts decide what is done with it?


Asked on 4/26/08, 12:50 am

3 Answers from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Sell of property in Probate with Minor

There are certain steps that need to be taken. Consult with a local attorney. The court does not get a portion, except for any filing fees, which should be minimal. The court will decide who gets what, but it has nothing to do with the size of the estate.

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Answered on 4/26/08, 5:52 am
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Sell of property in Probate with Minor

As you said, this is a lot of money. That is one reason why it would be a poor idea to rely on a message board. See a lawyer who has saignificant experience handling these cases. Ask local lawyers you know for recommendations.

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Answered on 4/26/08, 6:17 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Sell of property in Probate with Minor

You definitely will need a lawyer. Some provision will have to be made to hold the minor's share in some form of trust. The older child may be able to make a gift to you, and that also requires legal advice.

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Answered on 4/26/08, 8:42 am


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