Order of sucession?

[benluby]

What is the name of your state (only U.S. law)? Georgia

Wife's aunt passed away a couple years ago. She had no will, only a dying declaration that she wanted her family to keep the property, her daughters first, obviously. Daughter who lived in house passed away a year ago, and other surviving daughter moved away from property. Granddaughter is also transient type, and neither have any source of reliable income. They haven't paid property taxes since their mother/grandmother passed, so now the tax bill is over 3k, and neither can even come close to paying it.
Wife and her mother (Sister of property owner) both are witnesses to declaration to keep property in family, and attempting to find out what I can do to get property in her name, so that, if I pay the property taxes and sink funds into rehabbing the property for my family to live in (wife refuses to not honor aunt, so I get to dig info up and move to town I despise) of more than property is actually worth, only to have daughter/granddaughter turn up and claim rights to ownership. How do I resolve this?

 

[Zigner]

A Google search for Georgia intestate succession actually pulled up an old thread from this very forum:

https://forum.freeadvice.com/probate-personal-representatives-114/georgia-probate-time-line-307203.html

 

[benluby]

A Google search for Georgia intestate succession actually pulled up an old thread from this very forum:

https://forum.freeadvice.com/probate-personal-representatives-114/georgia-probate-time-line-307203.html

Actually read that law. My question, I believe, is more in lines of her statement to keep it in family, while her child has abandoned the property and it will be going to courthouse steps in about two months. (Oddly, county told me family was NOT allowed to bid on it at courthouse steps.)

 

[anteater]

From what you are saying, I assume that nobody did anything with regard to probate and legally transferring the property to the rightful heirs?

I don't know Georgia's take on nuncupative wills and whether the "dying declaration" would be construed as a valid will. (Even if it is, "keep it in the family" is not an actionable provision.) But, even if it is not, her daughters would stand to inherit the entire estate if there is no surviving spouse.


http://www.mystatewill.com/states/GA/GAintcalc.php

 

[benluby]

From what you are saying, I assume that nobody did anything with regard to probate and legally transferring the property to the rightful heirs?

I don't know Georgia's take on nuncupative wills and whether the "dying declaration" would be construed as a valid will. (Even if it is, "keep it in the family" is not an actionable provision.) But, even if it is not, her daughters would stand to inherit the entire estate if there is no surviving spouse.


http://www.mystatewill.com/states/GA/GAintcalc.php

I understand that. In other words, you're saying I'll need to get her (only one surviving daughter) to sign over her rights to said property in order to prevent her from coming back later after it.

 

[Zigner]

I understand that. In other words, you're saying I'll need to get her (only one surviving daughter) to sign over her rights to said property in order to prevent her from coming back later after it.

That is not at all what is being said. Probate needs to be opened.

 

[anteater]

I understand that. In other words, you're saying I'll need to get her (only one surviving daughter) to sign over her rights to said property in order to prevent her from coming back later after it.

You did not answer the question about whether a probate took place for the aunt's estate.

And did the deceased daughter have a surviving spouse and/or children? [Added: Re-reading, I guess the deceased daughter had at least one daughter.]

You would be well-advised to visit a local real estate and/or probate attorney quickly.

 

[benluby]

This is going to be one big, ugly headache.

 

[anteater]

This is going to be one big, ugly headache.

Well, you could say to your wife, "Honey, I will be only too happy to move to town and put up the money for the taxes and rehabbing... Just as soon as you get clear title to the property."

Or take a gamble and put up the $3K to keep it from the auction block and hope you can clean things up afterward.

 

[benluby]

Well, you could say to your wife, "Honey, I will be only too happy to move to town and put up the money for the taxes and rehabbing... Just as soon as you get clear title to the property."

Or take a gamble and put up the $3K to keep it from the auction block and hope you can clean things up afterward.

Seriously considering offering the daughter and granddaughter, after I find them, a few hundred bucks each to sign it over.

 

[anteater]

Seriously considering offering the daughter and granddaughter, after I find them, a few hundred bucks each to sign it over.

Do not do this without consulting an attorney. Nothing that you have stated here establishes that they actually have anything to sign over. They may have entitlement as heirs, but, as long as ownership of the property has not actually been transferred...

 

[benluby]

Do not do this without consulting an attorney. Nothing that you have stated here establishes that they actually have anything to sign over. They may have entitlement as heirs, but, as long as ownership of the property has not actually been transferred...

I'm actually waiting on a call from a real estate attorney to see what I need to do. Just rattling ideas.

 

[benluby]

Do not do this without consulting an attorney. Nothing that you have stated here establishes that they actually have anything to sign over. They may have entitlement as heirs, but, as long as ownership of the property has not actually been transferred...

Here's the update on the issue. (Still not gotten a call back from the lawyers).
The only surviving daughter has told me she'll sign it over, as she just wants it to stay in the family and cannot afford the taxes or upkeep on the property. The mother died without owing a cent on the property, and no outstanding bills (her car was paid for and she gave that to her sister), and all her medical bills were paid by her insurance.
Going to file solemn form probate, as I have contacted the sole heir, and she will attend the court date, to verify she's aware of it and not interested in it, and wants the property to go to my wife.

 

[tranquility]

Make sure you get the attorney consult first. One cannot disclaim to a person. One can only disclaim one's rights.

 

[benluby]

Make sure you get the attorney consult first. One cannot disclaim to a person. One can only disclaim one's rights.

I'm seriously beginning to wonder if attorneys in this state know what a phone is. Not one answers their phones.