My mother-in-law passed away 3 years ago and didn't have a will. She had 2 acres of land. There are 3 heirs to the property spouse, son, and daughter and they all agreed to give to her son my husband. What steps do they need to take. Please help.
If your mother-in-law had Georgia real estate (I assume this is a Georgia estate- if not, this answer will not be correct), no Will, and no debts, then your husband, your mother's surviving spouse, and your husband's sister may be able to do a Petition for No Administration Necessary and agree in there to have your husband receive 100% of the land. If she had any debts, or if there are assets outside of Georgia, however, then her estate will likely need to be opened and administered properly. As part of the estate administration, the administrator would need to sign an Administrator's Deed over to the intended recipient of the land in order to transfer the title (assuming it does not need to be sold to pay debts and other expenses). You would ideally also want quit claim deeds from the spouse and the sister, to ensure title to the property is clear.
The surviving spouse and your husband's sister will be making taxable gifts to him by transferring their shares of the property to him. They will need to file federal gift tax returns and report the gifts (on IRS Form 709), although they may not have to actually write a check for the gift taxes (if they each have enough gift tax credit to cover the gifts). If this had been handled when your mother-in-law actually died, the gifts might have been avoided, but it's too late now.
Your husband really does need to get the help of an experienced estate attorney in order to address this issue. There are a lot of potential pitfalls, and he could end up with land he can't sell, personal liability for debts, or other nasty things if he tries self-help and messes up.
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