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

Answers:

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

Answered 8 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. 


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