QUESTION

There was no will when my dad died. He told us which of the two properties went the whom. My brother potions for executor. I paid property taxes and f

Asked on Jun 09th, 2016 on Wills and Probate - Georgia
More details to this question:
Found out it's in his name not mine.what can I do
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1 ANSWER

Wills Attorney serving Alpharetta, GA
4 Awards
My condolences on the loss of your father. If your father died without a Will, his verbal statements about who he wanted to receive which property don't actually matter; under Georgia law, the properties must first be used to pay any debts, funeral expenses, and taxes due after his death, in a certain order, and then any remaining assets in his probate estate get divided between his heirs. If the only heirs were you and your brother (I can't tell from the information in your post, but I'll assume so for purposes of this answer), then you each technically are supposed to have received an equal share of each property. In order for each of you to receive one specific property, your brother, as administrator (not executor, if there was not a Will), needed to both execute an Administrator's Deed for each property to the intended person, and then have the other person execute a quit claim deed with regard to the other property (in other words, your brother should have executed an Administrator's deed to you for the property you were supposed to receive, and you then should have signed a quit claim deed to your brother for the property he was supposed to have received). If the necessary deeds haven't been executed yet, the property should still be in your father's name, because it's still in his estate. However, if your brother transferred both properties to himself, and you haven't received anything, then your brother may be doing something he isn't supposed to be doing. I can't tell from your post whose name the property is actually in, your brother's or your father's. This isn't a forum that allows for real legal advice; the best advice I can give you right now is to take any documents and info you have to a good probate attorney and have them help you figure out what has and what should have already happened.  
Answered on Jun 10th, 2016 at 6:02 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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