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 will depend on how the property was deeded and what the Georgia probate court ordered. For example, if the property was held as joint tenants with right of survivorship, then the father would have inherited her share outside of probate as the sole joint tenant. If they were named as tenants in common, then her share would be subject to the terms of her will and final disposition through probate. After property distribution is approved in probate, a fiduciary deed is used to transfer the interest from the executor to the heir. If the property passed through right of survivorship, the county recorder's office in the county where the property is located would need to be contacted for local procedures on removing the deceased's name from the deed. Typically, a copy of the death certificate is required.
Generally, if potential heirs receive proper notice, are excluded from distribution under the court order, and don't timely appeal the ordr of distribution, they are barred from contesting the estate. We suggest you consult a local attorney who can review all the 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.
