QUESTION

Estate inquiry

Asked on Oct 15th, 2020 on Estate Planning - Georgia
More details to this question:
I purchased a home with my mother some years back. She has since then passed away. I finished paying the home off and yes Iโ€™m on the title.. I rented the home out some time. My sister needed a place to live and has since moved in. She does not pay any rent so I have her pay the taxes on the home which is $900 a year. Super low. She thinks she has joint ownership of the home because she says it falls under the estate of our mother. Iโ€™m saying she is wrong because I purchased the home with mom and I paid the home off. Correct?
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3 ANSWERS

Wills Attorney serving Alpharetta, GA
4 Awards
The fact that you paid for the property actually doesn't really have any bearing on ownership. If you paid for a property that was partially owned by another person, you made gifts to that person each time you made a payment that benefitted them. You don't provide one critical fact: How did you and your mother hold title to the property? If the deed clearly states that you held it as joint tenants or with rights of survivorship, then you are likely correct, and you are likely now the sole owner of the property. However, if you and your mother were both listed on the deed as owners, but the deed did not specifically and clearly create a joint tenancy with rights of survivorship between the two of you, then, assuming it is a Georgia property, your mother's interest became part of her probate estate at her death and passed either under her Will (if she had one) or under the Georgia intestacy rules if she didn't have a Will. In either case, your sister may actually own an interest in the house, because she may have received a share of your mother's interest. You should ideally sit down with an attorney and figure out what exactly happened. The attorney will need to look at the deed (which is not the Security deed, but is generally a Warranty Deed, Limited Warranty Deed, or Quit Claim Deed) for the property to see how it was titled. Depending on what that says, you may then need to have the attorney help you figure out what happened when your mother passed away. Best wishes to you.
Answered on Oct 16th, 2020 at 6:14 AM

This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.

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Wills Attorney serving Austin, TX
2 Awards
Look at the deed records.  If your mother died without a Will, and her husband predeceased her, her children equally inherit her share, but not yours. You may want to negotiate a Family Settlement Agreement reflecting the amount you have paid but getting your sister to agree, or evicting her, could be difficult.
Answered on Oct 16th, 2020 at 5:10 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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Probate Litigation Attorney serving Lawrenceville, GA at Robert W. Hughes & Associates, P.C.
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It all depends on how the title was originally handled for the home.  If the title with your mom is joint tenants with rights of survivorship, then the home is yours.  If the title is tenants in common, then your mom owns 1/2 of the house still. At her death, the house would belong equally to her spouse and children.  Therefore, if your mom was not married and your sister and you are the only children then each of you would have inherited one-half of your mother's half of the house.  Therefore, you might own 3/4 of the house today and your sister would own ¼ of the house.  Of course, it is not that easy because your mother may have had debts that needed to eb paid off, someone paid for the funeral and that person gets her money back first.  You should consult with a lawyer specializing in probate law to sort this out.
Answered on Oct 16th, 2020 at 5:09 AM

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