Full question:
My father was married she passed away 8 years before him he was executor of her estate. He hired an attorney and probated her will in Solemn form in the probate courts in Georgia The probated will shows all her children wher notified and served 3 of the 4 signed 1 shows he was served two times by the sherrifs office never signed any paper work never contested in probate court. My father passed away and a property still had his name and hers on the deed. Do her children have legal rights to parts or all of this property?
- Category: Wills and Estates
- Subcategory: Probate
- Date:
- State: Georgia
Answer:
The answer depends on how the property was titled and what the Georgia probate court decided. If the property was held as joint tenants with right of survivorship, your father inherited her share automatically, and he would be the sole owner. If they were tenants in common, her share would be distributed according to her will and through probate.
After the probate court approves the property distribution, a fiduciary deed transfers the executor's interest to the heirs. If the property passed through right of survivorship, you should contact the county recorder's office for guidance on removing the deceased's name from the deed, typically requiring a death certificate.
Generally, if heirs receive proper notice, are excluded from distribution per the court order, and do not timely appeal the distribution order, they cannot contest the estate. It's advisable to consult a local attorney who can review the specific facts and documents involved.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.