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My mother has been paying the taxes on a family members

Customer Question
Hello my mother has...

Hello my mother has been paying the taxes on a family members homes that passed away 5 years in Georiga. can she put a mechanics lean on the property

Lawyer's Assistant: What steps have been taken so far? Has any paperwork been prepared or filed?

My mom took care of her for 10 years before she passed no papaerwork has been prepared or filed but the taxes are due again for this tax year and my fear is eventually someone is going to try and seek them off and she will just be out of money

Lawyer's Assistant: Have they talked to a Georgia lawyer about this?

No

Submitted: 4 months ago.Category: Legal
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Answered in 3 minutes by:
3/26/2018
Lawyer: Barrister, Attorney replied 4 months ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 43,022
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Hello my mother has been paying the taxes on a family members homes that passed away 5 years in Georiga. can she put a mechanics lean on the property
.

No, a mechanics lien is only for contractors where there is an agreement for services and the homeowner won't pay... This is mother voluntarily paying the taxes on a home owned by the estate of someone who has passed.

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But if mother is trying to claim ownership, she would need to maintain the property and use is solely and exclusively for at least another 2 years.. Then she could file a "Quiet title" lawsuit against the estate and claim legal ownership under adverse possession. In Georgia the period of time for adverse possession must be at least seven (7) years for improved land and twenty (20) years for wild land. Georgia Code §44-5-175; 44-9-1.

.

.

thanks

Barrister

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Customer reply replied 4 months ago
Allow me to be clear on what You are saying?
my mom has been paying the taxes on this property for more than two years she can file a quiet title lawsuit against the property even though the houses were left to her grandchildren whom cannot afford them.
Lawyer: Barrister, Attorney replied 4 months ago

No.... she has to maintain sole use and possession for 7 year at least... So 5 + 2 more if she has been claiming the house as her own and maintaining it..

.

Basically adverse possession is where someone legally steals another person's land by using it for a long enough period of time..

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So if she has been the one using the property, maintaining it, and not allowing other people on it, she can eventually claim legal ownership of it if she does this for 7 years..

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Customer reply replied 4 months ago
Ok thank you
Lawyer: Barrister, Attorney replied 4 months ago

You are very welcome. Happy to help any time.

.

It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

.

If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

.

.

Thanks much

Barrister

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Lawyer: Barrister, Attorney replied 4 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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