Full question:
In the state of Gerogia, my father died in 1981 without a will. My brother was appointed administrator of estate. My mother received half and remaining was divided among the 5 children. All the children signed their portion over to our mother, but was never changed to her name, it remained as my fathers estate . Now, she has passed with a will for all her property to be split equally among her 5 children. Now we find out that the property we thought we had signed over to our mother is not all hers. It seems that the grandchildren born at the time we signed over are part owners of the property. What we thought would be split between the 5 children will be split between 5 grandchildren and 5 children. Is there any way the property can be split between the 5 children since that was our intent.
- Category: Wills and Estates
- Subcategory: Disclaimer of Property Interest
- Date:
- State: Georgia
Answer:
The answer will depend on the specific circumstances of your case. It may be possible to renounce the property if it has not yet been accepted. If a grandchild is a minor, a guardian may renounce on their behalf. We recommend contacting a local attorney to review all relevant facts and documents.
According to Georgia law, a person who receives an interest in property can renounce it, in whole or in part, through a written instrument. This instrument must describe the property, declare the renunciation, and be signed by the person making the renunciation. It must be submitted within nine months of the transfer or when the person reaches age twenty-one (Ga. Code § 53-1-20).
If a person accepts property or its benefits, they cannot renounce it. If the renunciation is valid, the property will pass as if the person renouncing had predeceased the decedent.
For more information, consider consulting a legal professional who can guide you through this process.
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.