QUESTION

Decedent died without a Will, with a property

Asked on Aug 03rd, 2020 on Wills and Probate - Georgia
More details to this question:
My brother died. at age 90. Left a property in Georgia; he did not have a Will. He has 2 step sons with wife who died in year 2002. My brother did not adopt them.. They want me to quit claim.
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3 ANSWERS

Probate Litigation Attorney serving Lawrenceville, GA at Robert W. Hughes & Associates, P.C.
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It sounds like you are an heir to the estate and rightlfully are entitled to a protoin, if not all, of the estate.  You cannot be forced to give anyone a quit claim deed.  You should begin proceedings to open your brother's estate and handle his affairs, including tranferring the real estate to the heirs.
Answered on Aug 04th, 2020 at 8:13 AM

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Wills Attorney serving Austin, TX
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A quit claim does not pass title.  It merely acknowledges that the signer will quit claiming a right to use property, such as an easement.  You do not say whether your brother or his wife died first but it appears that she died first.  If so, since he did not adopt the stepsons, his property would usually go to his siblings. Do not sign the quit claim deed.  Consult with a probate lawyer who practices in the county in which your brother died.
Answered on Aug 04th, 2020 at 5:17 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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Wills Attorney serving Alpharetta, GA
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Please accept my condolences on the loss of your brother. There is no actual question in your post. However, if your brother's wife did not own any interest in the property at her death, if he was the sole owner of the property when he died, if he had no children of his own and had not remarried before his death, if neither of your parents survived your brother, and if you were his only sibling, then the property may have passed to you at his death under Georgia intestacy law (ideally, someone will still administer his estate and clear up the title). Stepsons who were not your brother's legal or biological children would not have any claim against his estate unless his wife owned an interest in the property at the time she died. If she did, however, then the stepchildren may own interests in the property.   You will need to hire an attorney to review the situation and help you figure out what rights you might have with regard to the property. If you do own an interest in it, you can then find out from the attorney what your options are. This isn't the kind of situation that anyone would be able to address on a general information board like this one.  Best wishes to you.
Answered on Aug 04th, 2020 at 5:08 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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