QUESTION

What do we need to do if we have 2 properties that is in my great grandmother’s name & cousin name who have been deceased for over 50 years?

Asked on Jan 23rd, 2022 on Wills and Probate - Georgia
More details to this question:
My grandmother has been paying the taxes on these properties since the death of her mother & her cousin. She is now 96 years old and she wants to have her the property put in her name along with getting it surveyed so she can sell it. We went to an attorney and gave him this information and asked us for the genealogy. That was given and we can’t seemed to get this finished. We started this process 10/13/20. We really want this done asap. So we can have it surveyed and do whatever she wants.
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2 ANSWERS

Probate Litigation Attorney serving Lawrenceville, GA at Robert W. Hughes & Associates, P.C.
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The process is simple, but gathering the necessary information might be difficult. Someone, presumably an heir, needs to apply to be appointed Administrator of the deceased person who owns the property. This means the person in whose name the real estate records indicate the owner is. If there are heirs who have died, the court will need to appoint a guardian ad litem to represent that deceased person's estate.  This is where the information gathering process gets very complicated.  The fact that your grandmother has been paying taxes relates to her ability to be repaid what she paid. It does not necessarily make her the owner.  You need an attorney specializing in probate work to get through this process.
Answered on Feb 17th, 2022 at 5:46 AM

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Wills Attorney serving Alpharetta, GA
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Unfortunately, if the property is held in the names of two people who died over 50 years ago, clearing up the title is NOT going to be a quick process at all. Even figuring out who actually owns the property will be a huge task. It sounds as if the original owners' estates were never dealt with and the property was never retitled. At the original owners' deaths, their heirs likely received interests in the property, subject to claims of creditors and the payment of expenses. When the heirs died, the property likely passed to their heirs. After 50 years there could actually be tens or even more than 100 people who actually own the property, and now you need to figure out who they all are and get them to agree on what to do with the property. Your grandmother having lived there and paid taxes for years makes no difference to who actually owns the property, and her actual ownership interest may be extremely small.   I know you said she has already begun working with an attorney, which is good, but she may also want to contact the Georgia Heirs Property Law Center- https://www.gaheirsproperty.org/ This is a group that focuses on helping families deal with exactly this kind of situation. They may not be able to make the process move any faster, but they may be able to help.   Best wishes to you and your grandmother.  
Answered on Jan 28th, 2022 at 3:53 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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