Legal Question in Wills and Trusts in Georgia

You don't solve this via a letter, and you should have retained a lawyer five years ago if you are an heir at law. Them having custody of you does NOT make you an heir. You are an heir ONLY if they left you assets by will or if you were the closest intestate heirs.

If either is the case, you have been negligent by not acting for five years and need to retain a probate lawyer to commence a probate.

I am confused - what "couple" had custody of you? Your aunt and uncle? If they had no children, then this is a mess. You are foolish for paying property taxes. This does not give you a right to inherit the land. And I don't know why your brother is in the home.

By chance did your aunt adopt or equitably adopt you? Some courts have recognized this but specific elements need to be met. Assuming that this could be shown, or if you were actually adopted, then you and your siblings who were also adopted would stand to inherit.

When your uncle died without a will, everything would have passed to your aunt. You do not indicate whether you are related biologically to the aunt or uncle and it does make a difference. Since the aunt had no will, her assets would be left to her children, but as there are none (and I assume that the aunt's parents are deceased) then her property would pass to her siblings and or the children of those siblings.

If you are related to the aunt and your parents are deceased, then you may inherit a share of the land or other property. If you were not related biologically to the aunt (but only to your uncle) then you are out of luck and neither you or your brother would inherit anything.

You need to do what you should have done 5 years ago and go see a probate attorney. Since there is no will, what I would do is prepare an explanation as to how you believe you are related to the aunt and draw out a ffamily tree showing the aunt's siblings and their children. If you were adopted, tell the attorney and get a copy of the adoption decree. If you were not adopted, ask if the state where your aunt and uncle resided recognizes equitable adoption and, if so, find out what elements make that up and see if you meet them. If not, see whether you would stand to inherit from your aunt under the state intestacy laws.

If you do inherit, then and only then can the lawyer send a letter to the other heirs delineating your respective interests in the property. I suggest that having more than 2 people who are not married own property is a bad idea and those who have an interest in the home and who want the home should buy out the shares of those who don't. If nobody wants to buy out the other, then bring a partition action and ask the court to sell the property and split the proceeds among the heirs.

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