What to do if my grandparents died several years ago without leaving a will and they owned land with a house on it?

UPDATED: Sep 18, 2012

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What to do if my grandparents died several years ago without leaving a will and they owned land with a house on it?

Since the time of their death, my father has paid the property taxes on the property every year. My father has four siblings and if I understand correctly, the property belongs in part to each of the siblings. How can we go about getting the property in just my father’s name?

Asked on September 18, 2012 under Estate Planning, Georgia


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You are correct that since your grandparents died without a Will, their children (your father and his siblings) each inherited an equal portion of the estate.  Since there are five children, each inherited 1/5 of the estate.  If there are any deceased siblings, who left children, those children would inherit the share that their deceased parent would have inherited had the parent survived.

To have the property solely in your father's name, the siblings could file a quitclaim deed, which would release their entire right, title and interest in the property to your father.  If the siblings agree to do that, the quitclaim deed should be signed in the presence of a notary and then recorded.  Recorded means filed with the County Recorder's office.  The quitclaim deed is effective upon being recorded. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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