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Deed issues, both parents dead, no wills

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The Behemoth

Junior Member
Georgia.

Both of my parents have died in the past year. I am the only descendant. Before he died, a lawyer told my Dad that if he only had one descendant then he didn't need a will. I took the death certificates to the county courthouse to get the deed to the house changed to my name, and I'm hitting road blocks. The notary in the real estate office won't sign my deed because "the grantors aren't present." I presented the death certificates, but she still refused to help. Then I went to the probate court and they handed me three long forms, and told me to choose which form I filed wisely or I could have trouble down the road, which they declined to describe. Lawyers want $1,500 to handle this nonsense. Am I missing something?
 


Kiawah

Senior Member
Did your parents have any creditors, who would get paid out of the assets of the estate before you inherit anything? Could be, that the house needs to get sold to pay them off, and then you get the remainder. (Loans, credit cards, Doctors, Hospitals, Funeral, Lawyers, etc)

The probate process in your county, methodically finds all of the assets and all of the liabilities, and then pays off all of the creditors in a sequence determined by law, and the distributes what's left (if there is any) to the beneficiaries. The beneficiaries are determined by the will, and if no will, then by the intestate laws for your state. Do a google search on intestate in Georgia. As an example: http://www.mystatewill.com/statutes/ga_law.htm

You're trying to claim the house now (the end game), but all the creditors need to be paid first.

That's why you pay lawyers to handle this nonsense for you.
 
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