QUESTION

WIll specified living estate, it was never probated

Asked on Sep 19th, 2016 on Wills and Probate - Georgia
More details to this question:
My stepfather in Georgia had a will that was drawn up by an attorney and witnessed and put on file in the courthouse. He died 10+ years ago. The will specified the home go to my mother in a life estate then pass on to my brother.My mother died 3 years ago - without a will. Proceeds from life insurance where I was the beneficiary, from both of them were used for final expenses and to pay all outstanding debt. There was nothing else in the estate. Nothing has been done as far as the deed or probating the will. I was named executor. What is the least costly way to handle the will and property transfer to my brother?.
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1 ANSWER

Wills Attorney serving Alpharetta, GA
4 Awards
The first place you need to start is with the deed to the house. That's going to determine what needs to be done and what the actual situation is. There may not be a least costly way to handle this, unfortunately, but you (or someone) does need to handle it. If the deed to the house was held solely by your stepfather, then the property is still sitting in your stepfather's probate estate. In that case, your stepfather's Will is likely going to need to be offered for probate like it should have been years ago when he died, and a proper Executor's deed done from his estate to your brother after the estate administration is carried out. If your stepfather had any heirs other than your mother at the time of his death (children from a prior marriage, for example, or other descendants), then you may need to track those people down or at least notify them by publication as part of the process of offering the Will for probate. Now, if the deed wasn't held solely by your stepfather, and if it was held as "joint tenants" with your mother, then his Will doesn't matter, and the house became your mother's property when she died. In that case, you only need to deal with her estate. This may need an administration, or you may be able to file a Petition for No Administration Necessary, depending on whether she has any creditors who are still owed money. If your mother and stepfather held the house jointly, but NOT as joint tenants, then you have a situation where the house is still half in his estate and half in her estate, and you may need to deal with BOTH estates. In order to protect yourself and avoid potentially expensive mistakes, I strongly advise you to get a good probate attorney, have the attorney sit down with you and review the deed, the Will, and the situation as a whole, and let the attorney advise you on what needs to be done to find the best resolution. Money spent on a good attorney will be well worth it.  
Answered on Sep 20th, 2016 at 7:27 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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