QUESTION

My mother passed away and her and my father name was on the deed to the house. Me and my sister name is on the deed now. Can my dad sue us

Asked on Oct 04th, 2021 on Wills and Probate - Georgia
More details to this question:
Dad wanna sue me and my sister for not signing house deed back to him
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1 ANSWER

Wills Attorney serving Alpharetta, GA
4 Awards
Please accept my condolences on the loss of your mother. As for your question, without more information it's not really possible to know exactly how your name and your sister's name got on the deed to your mother's house, but I will make some assumptions. If my assumptions are not correct, this answer will not be correct either. And, even if it is, you shouldn't rely on it- if you really want to know what rights your father might have versus the rights you and your sister might have, you'll need to actually consult an attorney. This is not a forum that allows for actual consultations. What I assume is this: Your mother died without a Will. She and your father owned the home as tenants in common, which means both of their names were on the deed but the deed did not contain the words needed to create a right of survivorship between them. So, when she died, her 1/2 of the house became part of her probate estate. Your father, you, and your sister were your mother's heirs. Your father either failed to file a claim for a year's support from her estate and ask that her interest in the house be awarded to him or he filed that claim but for some reason her interest in the house was not granted to him. For that reason, under Georgia intestacy law, her 1/2 of the property passed 1/3 to you, 1/3 to your sister, and 1/3 to your father. IF all of those assumptions are correct, then your father likely can't sue you now. UNLESS your mother died less than 2 years ago, the estate was not previously fully administered, and he's realized that he can still make the year's support claim and get her entire interest in the house that way. In which case, he CAN still make that claim for year's support and take the interests in the house away from you and your sister. You REALLY need to get a consultation with an attorney. It's really the only way for anyone to be able to understand exaclty what's going on and what rights and options you may have. Call an experienced probate attorney as soon as you can and get a consultation. Best wishes to you.    
Answered on Oct 05th, 2021 at 5:13 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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