QUESTION

I am trying to sell my deceased father''s house, only I am very unsure if I will be able to, I just need the longer question answered.

Asked on Feb 21st, 2012 on Real Estate - Georgia
More details to this question:
I am trying to sell my father''s house of which I have been making payments on for a while now he has a will that stated the house go to my grandfather when he passed so he assumed responsibility of the house well he died last year 2011 and now I oversee his estate. When the place went into foreclosure almost i had to provide my dad''s will death certificate my grandfathers death certificate and t he letters of administration I have over my grandfathers estate the lawyers and the bank saw this as enough proof to let me work with them. What would I have to do in this case to sell his home? It''s been a nightmare and I have a interested investor looking to buy. I live in the state of Georgia.
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1 ANSWER

Real Estate Law Attorney serving Anniston, AL at Isom Stanko & Senter, LLC
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You have painted a rather complex picture of facts, and you have not provided enough facts for me to respond specifically.  I will try to provide some probabilities: I will assume that your father owned the house in his own name alone, and that he willed the house to his own father at his death and that your father's will has been properly probated.  I will assume also, from the words you have used, that your grandfather died intestate (without a will).  If his estate has not been probated, it should be even in the absence of a will. If my assumptions are correct, your grandfather's "heirs at law" inherited the house.  If your grandfather had only one child (your father), and if you are the only child of your father, then you have almost certainly inherited good title to the property -- subject, of course, to the mortgage and any other liens or encumbrances that might exist.  If your grandfather had several children, then each of them would have inherited a share and you would have only your father's share.  If your grandfather had several children and several of them are now deceased, their shares would have dropped down to their own children.  So it get complicated in that event.  To make certain you are in a position to sell the property, you should make an appointment with a good probate attorney in your area.  Follow his guidance.  He will probably, at a minimum, prepare an affidavit to be filed in the public records affirming the acquisition of the property by your grandfather, the fact of his death, the number and identity of his children, and the status of title at present.  With that kind of evidence in the public records, you can be assured title insurance can be written on the property whenever you find a buyer.   
Answered on Feb 28th, 2012 at 7:27 PM

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