If my mom died without a Will leaving behind a house and 2 sons and the oldest son has been granted administrator of the estate, how can he get the house in just his name?

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If my mom died without a Will leaving behind a house and 2 sons and the oldest son has been granted administrator of the estate, how can he get the house in just his name?

My mom died 4 years ago and left behind a house that was not paid for and no Will. I the oldest son took over the mortgage but was told because I have a brother legally half of this house still belongs to him. I have been paying the mortgage for the past 4 years and want to know what I have to do to make sure that this house will be mine when it is paid for.

Asked on August 10, 2016 under Estate Planning, Georgia

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You need to file a probate of your mother's estate or file a suit to 'clear the title' to the house.  Both will result in a court order which will officially declare the house as your's.  If the estate is already in probate, then you need to petition the court to have it awarded to you.  If there is equity (beyong what you have invested or paid), then you may have to buy out your brothers of their share in the equity.  Basically, the court can reimburse you for your contribution and then divide the estate as intended via the buyout option.


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