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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 40671
Experience:  Texas lawyer for 30 years in Estate law
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My father had a survivorship deed leaving property to my

Customer Question

My father had a survivorship deed leaving property to my mother and their children. My mother did the same but accidentally left my name off. She then redid her survivorship deed adding my name to her list of survivors. The court clerk would not accept this saying my siblings had to sign in order to make changes. My mother got so frustrated that she Quit claimed the property to me. What is my legal recourse
JA: Since laws vary from place to place, what state is this in?
Customer: Georgia
JA: What documents or supporting evidence do you have?
Customer: I have my Father's survivorship deed. I have my mother's old survivorship deed. I have her new survivorship deed. I have a Quitclaim deed. I also have my father's in probated will
JA: Anything else you want the lawyer to know before I connect you?
Customer: I am a 100% service connected disabled veteran. I have run into nothing but road blocks since attempting to get the Georgia disabled Veteran's Homestead exemption
Submitted: 1 month ago.
Category: Estate Law
Customer: replied 1 month ago.
I mean unprobated will
Expert:  RayAnswers replied 1 month ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Customer: replied 1 month ago.
Sure
Expert:  RayAnswers replied 1 month ago.

It sounds like you have a partial interest in the property, whatever mother owned at the time.I would suggest you have a local title company look at what you got, you may be looking at a suit to quiet title.Here the court awards you clear title based on the deeds and evidence and that serves as you clear legal title.Honestly it is not clear what your percentage is, it could be half here up to all.Mother could quitclaim you whatever interest she owed at time of quit claim.It sounds like the siblings have some partial interest too.

I would start in town with local title company, find out what your legal share is here, and then talk to them about a suit to quiet title if you want to clear title.Thats your next steps under Georgia law.

I appreciate the chance to help you today.Thanks again.

If you can positive rate 5 stars it is mush appreciated.

Expert:  RayAnswers replied 1 month ago.

You may also have adverse possession claim to assert in a suit to quiet title if you have been living there an the others have not, here is reference to that

https://www.hechtwalker.com/blog/everything-need-know-quiet-title-actions-georgia/

Customer: replied 1 month ago.
my siblings have a portion. I just wanted to ensure my portion. I was told that since my name was not on the my mother could not make changes to her survivorship deed without my siblings signing for those changes. This made no since to me. My father and mother were the original owners. So as his heir I have a portion anyway. So is it true that she cannot make changes unless they sign
Expert:  RayAnswers replied 1 month ago.

She cannot convey a whole interest herewithout them, she can quitclaim whatever interest she had.If you have the title run from title company you might be able to buy out the others , at least you would know what their share is here.