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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 37085
Experience:  Texas Attorney for 30 years dealing in real estate
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My deceased husband's three nieces and a nephew inherited a

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My deceased husband's three nieces and a nephew inherited a plot of land. My husband had the land surveyed, divided it in half and their's was divided into four equal particles. He left the matter with the lawyer several years ago. The lawyer researched all possible heirs All they needed to do was to pay the lawyer to create deeds and record them. They did not do this and let it remain in the decedent's name. For a few years they supposedly paid the taxes collectively. There was always discontent between the siblings. During this period, two siblings died. Both had children, neither appointed an executor. The nephew was acting as executor. A few weeks ago a relative informed me that an ad was in the paper stating that three particles were to be auctioned for the. 2013 taxes in a few days. I contacted the nephew to discuss the problem. He admitted being aware of the problem but said he nor his siblings were unadle to pay and that the 2014 had not been paid. I asked if he and his siblings were willing to sell the property. He said yes and agreed to contact the others. I asked that each send me a notarized statement to that
effect. They did. I contacted Tax Commissioner and explained the situation. She agreed to remove it from the auction if I sent a certified check immediately and said I would also have to pay the 2014 tax also. I complied.
A few daays ago, the Tax Commissioner sent me a receipt showing that one sibling sent what she considered her share of the auction amount even though she had made the agreement and paid after the auction date She has no deed . Do I simply have a lawyer construct a deed based on the estate deed and reighter it?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.
Hi and welcome to JA. I am Ray and will be the expert helping you today.
If your husband still help title you would need to open probate and be named the legal heir and appointed the personal representative.
Once this is done the PR (you ) deeds it to yourself if you are the legal heir.
Once this is done you are the owner and have clear tile.The probate process here may take six months to a year as you open probate and there is a period for any claims, taxes, etc and once that passes you deed the asset here to yourself.
I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.
Probate lawyer here--you can reclaim this through probate and have deed issued the lawyer would do all of this.The estate reclaims the property here since the deeds were never completed.It belongs to the estate and you .
http://www.avvo.com/probate-lawyer/md.html
I appreciate the chance to help you today.Please let me know if you have more follow up.
Expert:  Ray replied 1 year ago.
I wish you the best here, it sounds like you have been through a lot.
If you can leave a positive rating when we are done it is always much appreciated.Thanks again for letting me be of service.
Customer: replied 1 year ago.
Let me restate the situation. My late husband acted as executor. His portion is free and clear. I obtain the property by paying taxes to prevent the auction. Correspondance is between the Tax Commissioner and me. She aggreed to to it from the auction to give me time to pay. How do I create a deed?
Customer: replied 1 year ago.
The other heirs failed to pay taxes or to deed it,
Customer: replied 1 year ago.
Do I have to use the original lawyer or can I hire another or can I probate it myself?
Expert:  Ray replied 1 year ago.
You will need a new lawyer here.If you were the sole heir he would prepare a fiduciary deed where you as the executrix deed it to you as sole beneficiary.
This is what the deed would look like.
http://www.pdffiller.com/2947696-MD-SDEED-6pdf-Maryland-Fiduciary-Deed-for-use-by-Executors-Trustees-Trustors-Administrators-and-other-Fiduciaries-
Probate lawyers here with ratings.
http://www.avvo.com/probate-lawyer/md.html
Thanks for your patience while I got this for you.
Customer: replied 1 year ago.
The property is in Georgia
Expert:  Ray replied 1 year ago.
Sorry here you go..
http://www.uslegalforms.com/ga/GA-SDEED-6.htm
Click on free preview to look at it , thanks for letting me clarify this.
Expert:  Ray replied 1 year ago.
Here is Georgia Probate Lawyers, this would involve Ancillary Probate in Georgia if property located there.
http://www.avvo.com/probate-lawyer/ga.html
Expert:  Ray replied 1 year ago.
Law on Ancillary or foreign probate--person lives in one state and has land in Georgia.
O.C.G.A. 53-5-42 (2010)
53-5-42. (Revised Probate Code of 1998) Powers
When an individual dies domiciled outside of this state possessed of a claim to or against real or personal property or a cause of action within this state, if ancillary probate or administration has not been granted and is not pending in this state and there is a personal representative duly qualified and serving under the laws of the domiciliary jurisdiction, ancillary probate or administration shall not be required and the duly qualified personal representative may:
(1) Take possession of personal property of the decedent located within this state and collect accounts or other sums due and payable to the decedent;
(2) Sell and convey any property of the decedent located within this state;
(3) Transfer the decedent's stock in any bank or other corporation in this state and withdraw deposits made by the decedent and receive dividends declared on the decedent's stock;
(4) Sue in any court in this state to enforce any cause of action or recover any property of the decedent or the foreign personal representative;
(5) Settle or compromise debts, claims, actions, causes of action, or controversies and give receipts, releases, or acquittances;
(6) Exercise and enforce anywhere in this state any and all rights, powers, or privileges possessed by the decedent or the personal representative pursuant to deeds or bills of sale to secure debts, mortgages, financing statements, or other instruments given as security for debt or as liens of any kind, including foreclosing, taking possession of property to which either is entitled as security, and protecting any and all interests or rights of either as a creditor in bankruptcy, receivership, or other proceedings as fully as could any other person entitled to do so; and
(7) Give deeds of assent and otherwise transfer or execute evidence of ownership of real and personal property located within this state pursuant to the decedent's will or under the laws of intestacy.
Any of the foregoing powers of the personal representative shall be exercised in the same manner and in conformity with all requirements applicable to a personal representative of a decedent who dies domiciled in this state. If the personal representative of a decedent who dies domiciled outside this state is acting pursuant to the decedent's will, the personal representative may exercise such powers to the extent and in the manner contemplated by the will as if the will had been admitted to probate within this state. The filing of a petition for ancillary probate or administration in this state shall suspend all authority of the personal representative to perform any act within this state as such personal representative, but such authority shall be reinstated if the petition is dismissed or if the proceedings are otherwise finally terminated without a grant of probate or administration in this state. Any suspension of authority shall not serve to abate any action pending in any court in this state to which the personal representative is a party; when appropriate, the court may substitute a personal representative who becomes qualified in this state in place of the personal representative. The provisions of this Code section shall apply only if the personal representative is a citizen of the United States.
JA will email you our chat with references when you positive rate.
It has been my pleasure to help you.I am so sorry for your loss of loved one.
Customer: replied 1 year ago.
My husband was not the owner of this property. I am not related to the heirs who failed to pay the taxes and lost it.I baught it by paying the taxes as any stranger could have. Why do I need to probate. How would a stranger deed it.
Expert:  Ray replied 1 year ago.
I'm sorry.
You wrote..
My deceased husband's three nieces and a nephew inherited a plot of land. My husband had the land surveyed, divided it in half and their's was divided into four equal particles. He left the matter with the lawyer several years ago. The lawyer researched all possible heirs All they needed to do was to pay the lawyer to create deeds and record them. They did not do this and let it remain in the decedent's name.
I understood this to mean it was still in husband's name and you kept it from foreclosure and the deeds to the others were not completed.
In that situation probate is required in Georgia in order for someone to be appointed personal representative and a fiduciary deed then transfers it to you.
If you bought it at a tax sale then the county should give you a tax deed.They would provide it to you when you bought it at the sale.
Let me know if I understood you purchased at a sale here or you paid up the taxes on property still in his name.If it was still in his name you would have to open probate to get title from his estate to you.
Follow up and give me more here about which situation..thanks for your patience.
Customer: replied 1 year ago.
The property is still in my husband's father's name. I was explaining how this situation started.
Expert:  Ray replied 1 year ago.
So probate here for the husband's father here.The others can sign a quit claim.The personal representative here--you can make application then does the fiduciary deed I gave you above as part of probate.You will need a lawyer to file probate for the husband's father and likely for your husband since he inherited a share and it passed to you.
This will take a lawyer to get you the deeded interest for all of this and the others would have to quitclaim to you.The lawyer can prepare all of this.It would end with you having clear title.Sorry for the confusion about your situation.
No way around probate for the husband's father if this has not been done before.
Thanks for your patience feel free to ask anything else I want to make sure I explained all of this clearly.
Customer: replied 1 year ago.
The property was probated. My husband has his deed for his share. the others had their individual shares . They failed to complete th deeding process it was still waiting for them to do so. They failed to pay the taxes. It was going to be auctioned. The Tax commissioner allowed me to pay rather than bid.
Expert:  Ray replied 1 year ago.
Ok so you can have the others here quit claim it to you.They can convey whatever interest they have here by such a deed.If you can get them to sign you would have complete title since husband got his.You would need probate for your husband here in Georgia-ancillary probate if his share was in his name and no probate for him in Georgia.
One for each of the four nieces/nephews, they signing front of notary and you file it in county where land located.
http://www.robins.af.mil/shared/media/document/AFD-090317-045.pdf
Thanks for the follow up.The four quit claims would give you clear title once you get husbands share in your name.That would come from his estate unless he deeded it to you while alive.
If you can leave a positive rating when we are done it is always much appreciated.JA will mail you the chat.

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