Answers to Common Questions and Situations

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What can you do about Heir Property?

What can you do when there is a family property in a grandparent’s name, but nothing has been done? These situations can be very tricky, especially if the grandparent passed away a long time ago and other relatives have passed away afterwards.  This situation is sometimes referred to as heir property.  We will take a look at heir property issues in this post.

how to get heir property in your name

My name is Erik Broel & I am the founder & CEO of Georgia Probate Law Group. At our firm we help families who have lost a loved one navigate the complex and confusing legal process so they can make sure the estate is handled properly and their loved one’s memory is honored. Everything discussed in this video is for general information and is not legal advice – for specific information about your situation, please go here to request a complimentary consultation with one of our inheritance lawyers.

When heir property is still in a grandparent’s name, the goal is often to sell the property or to clear up title and transfer the property so that it is owned by the current generation.  Unfortunately, often the issue is that there is no direct path to do that.  Matters are complicated further when other family members have passed away who would have been in line to inherit from the grandparent or their children.  In situations like that, you can wind up with many family members involved in the case and several estates to handle.

Is a quitclaim deed a good solution?

Sometimes quitclaim deeds are suggested as a way to handle an heir property situation.  Unfortunately, that solution does not always work out as well as intended.  The issue is that to be effective, you must be absolutely certain you have identified and obtained a quitclaim deed from every relative who could possibly have an interest.  Things are further complicated if any of the deceased relatives had a Will because then you must also consider the beneficiaries of that Will – whether they are family members or not.

As a result, while using quitclaim deeds can sound simple, we usually find that practically speaking they do not get the job done and can cause additional problems.

What is a better practice in this situation?

how to get heir property

Instead, the best practice is to walk through the situation step by step, heir by heir, and open the estate of each deceased relative.  That is one of the only ways to ensure that title is being passed properly.  Ensuring a good title is the number one concern because without a good title, the property cannot be sold.

get heir property

For more information about this and other probate topics, please go to GPLG.com/Handbook to download a complimentary copy of our Georgia Probate Handbook. You’ll learn the key things that go wrong in an estate, how to prevent them, and what to do if they happen.

You also can reach out to our office at (770) 796-4582 to set up a consultation.

Disclaimer: The information above is provided for general information only and should not be considered legal advice. Our probate attorneys provide legal advice to our clients after talking about the specific circumstances of the client’s situation. Our law firm cannot give you legal advice unless we understand your situation by talking with you. Please contact our law office to receive specific information about your situation.

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About the author

Erik J. Broel
Founder & ceo

Erik founded the firm in 2009. He sees it as his personal mission to demystify the process of handling an estate or trust, and to help people by making the complex estate process simple and accessible. He believes there is always a better way to do things, and loves finding new and innovative ways to deliver better, more effective service that solves the client’s key problem or issue, and improves the client’s life.

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