Cross State Proceedure

[LindaDR]

What is the name of your state? GA
My father lived and died in Georgia. He owned a small piece of land in South Carolina (approx 70,000$). Can this be probated in GA? The Administrator (my mother) has a probate case in GA and she wants me to sign a Family Settlement for the property in SC. She is telling me that she can't sell until I sign it over to her. But she's the Administrator. Does that not count in SC. I think she's trying to cheat me.

 

[HRZ]

I think the administrator has it wrong and signing it over might be adverse to you. Never mind if it's problematic as to how to deal with SC property. UNLESS the agreement guarantees you your share of some predetermined value for that property by some date ...and I doubt that is what she is asking you to sign. Whether Mom is trying to cheat you or merely trying to avoid secondary probate in SC is moot if she bungles things and SC property cannot be sold.

IN general administration of an estate with property in another estate requires that administrator open secondary administration in that state to deliver good title in that state to whomever for whatever

.

 

[HRZ]

There is nothing wrong in principle with a family agreement that says in part you get $35,000 in cash and Mom gets the land if the will provides for 50 /50 ....but if Mom does not or cannot sell the land and lacks other cash to distribute ...it may take forever for you to get your ageeed distribution . And for that matter administrator can take the proper steps to sell SC property and distribute proceeds .


Something does not add up right ..

 

[LindaDR]

There is no will and I have one brother. When I look up my Father on SCprobate.net I find a case no. but the Status is "closed" and one month later I got this Family Settlement Agreement she wants me to sign.

 

[HRZ]

Does not add up ...you and your brother are each entitled to 1/3 as is Mom after the estate bills have been paid .

IF somebody is handing you a check for about your full 1/3 if you sign the agreement then do you care if they messed up on details ...HOWEVER. I suspect this is NOT what is in the family agreement she wants signed .

ANd it's very fuzzy how a SC probate issue gets closed ...unless nothing was done and somehow that full title passed to Mom wo probate: look up how the SC property was titled ..

 

[LindaDR]

Is it possible to close a probate case if all heirs agree that the property (there is only this one piece of land in SC) be transferred to my mother?

 

[HRZ]

I have no idea what is possible in SC...but do you trust Mom to get it right?

IF it's worth $75,000 and my share is $25,000 and Mom shows up at my door with a certified check for $25,000 and a release/quit claim/ agreement as to that SC property I might just sign it and move on...but NOT without cash in hand .

How much else in/was in Dads intestate pot?