Learn Important Probate Essentials, including key things that go wrong in an estate, how to prevent them, and what to do if they happen.
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.
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.
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.
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.
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.
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