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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Estate Law
Satisfied Customers: 23788
Experience:  B.A.; M.B.A.; J.D.
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Assignment of excess funds in Fulton Co. GA? Once I have a

Customer Question

Assignment of excess funds in Fulton Co. GA?
Once I have a properly executed Assignment of Interest in Excess Funds agreement, would I then apply for excess funds as the "Owner of The Property"?
Here are instructions from the Sheriff's Department:
http://www.fultonsheriff.org/files/94791112.pdf
Submitted: 7 months ago.
Category: Estate Law
Customer: replied 7 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 7 months ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 7 months ago.
As to #4, the Sheriff would like a "50 year title certificate showing claimant’s ownership interest and all security deeds or other equity interests or claims of record as of the date of the tax sale." From what I believe I understand, the excess funds (as well as the subject property) belong to the estate of the deceased owner. The decedent died intestate nearly three years ago, has no debts, the property is the only asset, is free and clear, and the heirs agree on an equal split of the estate. We planned to file either an Heirship Affidavit or Petition Declaring no Administration Necessary. Which would you recommend to satisfy this requirement?
Customer: replied 7 months ago.
I don't need a phone call, didn't know system would post that.
Expert:  Phillips Esq. replied 7 months ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 7 months ago.

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

Expert:  Phillips Esq. replied 7 months ago.

Your Questions:

Assignment of excess funds in Fulton Co. GA?Once I have a properly executed Assignment of Interest in Excess Funds agreement, would I then apply for excess funds as the "Owner of The Property"?Here are instructions from the Sheriff's Department:http://www.fultonsheriff.org/files/94791112.pdf

Response 1: Unfortunately, no. The legal owners of the property must apply for the excess funds.

As to #4, the Sheriff would like a "50 year title certificate showing claimant’s ownership interest and all security deeds or other equity interests or claims of record as of the date of the tax sale." From what I believe I understand, the excess funds (as well as the subject property) belong to the estate of the deceased owner. The decedent died intestate nearly three years ago, has no debts, the property is the only asset, is free and clear, and the heirs agree on an equal split of the estate. We planned to file either an Heirship Affidavit or Petition Declaring no Administration Necessary. Which would you recommend to satisfy this requirement?

Response 2: Petition Declaring no Administration Necessary. It is more detailed and leaves no doubt as to the property of the estate and the beneficiaries of the estate. Also requires an action by the Court.

Best wishes,

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Thank you for your cooperation.

Customer: replied 7 months ago.
To clarify, are you saying that interest in excess tax sale funds cannot be assigned to and collected by a third party in the State of Georgia?http://caselaw.findlaw.com/ga-court-of-appeals/1204493.html"...the right to excess funds from a tax sale is freely alienable, the delinquent taxpayer [is] entitled to convey his interest in the excess funds to a third party.2 Barrett v. Marathon Investment Corp., 268 Ga.App. 196, 198(1), 601 S.E.2d516 (2004)."" Accordingly, an assignment contract, rather than a quitclaim deed, would have been the preferred instrument for conveying such an interest."
Expert:  Phillips Esq. replied 7 months ago.

Thank you for the information. I am sorry for the delay in getting back to you. I was offline when your response came in.

Because I cannot verify if this law is still good law, I will opt out to give another Attorney the opportunity to further assist you.

Best wishes,