Skip to main content
Tanner Woods Pittman

Tanner Pittman’s Answers

293 total

  • My brother passed away July 10 before he died he said he wanted me to have his house and land is there any thing I can do

    He was not married and had only one child and she had nothing to do with while he was living but now she wants ever thing

    Tanner’s Answer

    I am very sorry to hear of your brother's passing.

    There is probably nothing you can do. The daughter has complete inheritance rights under the facts you've presented, unless there was a will leaving the house to you.

    In Georgia, in order to be valid, a will must be in writing. The rare exception to this is when a person makes an oral will in front of at least two witnesses, stating he wants it to be his will, whilst dying of his last illness.

    Consider speaking with a lawyer about the facts of your case.

    See question 
  • How would you go about filing an intestate estate in GA

    My brother passed away recently. He had no will, no wife or children and no assets except checking and savings which is just over the $10,000. There are two sisters and we would like to know how to file an intestate estate in GA so that we are a...

    Tanner’s Answer

    I'm sorry to hear about your brother. There can be a LOT involved. Much depends upon whether he owed any debt when he died, whether a final tax return must be filed, which of his affairs must be wound up, etc. It is almost always worth a consultation with an attorney to discuss these and many other issues.

    In conjunction with all this. you will probably want to consider an affidavit for financial institutions. I'm putting a link to a form provided by the Henry County Probate Court below.

    Proceed with caution when using this (or any) form without advice of counsel.

    Best of luck.

    See question 
  • If there is no will does executorhave to pay one of the suviors his part when he sell everything and destroys property?

    He destroys the house and sold everything and out of the house and I (the exector) had to sell the property for well under the fair market value

    Tanner’s Answer

    It sounds like one heir destroyed some property, and you're wondering whether he should still get a full share of the estate. The short answer is, no . . . if you handle this matter properly. The right attorney (and I have a feeling there are one or two in LaGrange) could help you properly administer the estate and see to it that the share of the misbehaving heir is reduced by the amount of malicious damage he caused.

    Do consider hiring an attorney to take this case further.

    See question 
  • Probating A Will

    In Georgia, does the 12 month support law (for minors) superceed someones last will & testament? Exp: The parent of 3 children pass away. Two of these children are over 18 years of age and one is younger than 18. Does the minor autimaticall...

    Tanner’s Answer

    No. The judge is wrong. A minor child has a right only to as much money or property as he requires to keep himself up in his accustomed standard of living for twelve months.

    However, if he petitions for the entire estate, he's likely to get it unless someone files an objection.

    See question 
  • Can executor and/or witness be beneficiary under a will?

    I am drafting will so need this question answered to make sure it will be legal

    Tanner’s Answer

    Don't (do NOT) draft your own will.

    And certainly don't draft somebody else's will.

    See question 
  • I bought a house when I was single. The house was refinanced when I am married. My husband wants his name on the deed now.

    I have been paying mortgage for several years. Is the property money going to be split into half if there is a divorce? Why is it so easy to add somebody's name on the deed? I am the only name on the bank loan for the house.

    Tanner’s Answer

    Proceed with caution. Your bank loan documents probably state that you may not deed away any interest in the house to another party, or the bank may accelerate the loan.

    The reason it's easy to "add somebody's name on the deed" is that . . . well, that's not actually what you're doing. A deed is not like a car title, which shows record ownership of the property. A deed is only a document that memorializes a conveyance. It's "easy" to make a deed because by so doing you are merely showing that you are conveying an interest (usually a 1/2 interest) in the property to your husband. You're not putting him "on" some certificate of title.

    Generally speaking, deeding your property over to your husband would not affect your rights in a divorce action, which involves an equitable division of all marital property. But, as stated above, I recommend not doing it. If your mortgage company finds out, there could be trouble. Speak with an experienced lawyer if you need more guidance.

    See question 
  • Can you be sued by a realtor/homeowner for talking a potential buyer out of a sale?

    Someone is interested in buying a house so they ask the neighbors about the area (neighborhood, school, etc). If the neighbors answer honestly and those answers are negative (i.e. bad schools, high crime rate), and the potential buyers decide not ...

    Tanner’s Answer

    I agree with Mr. Riddle: anybody can sue. If they did, they'd probably try to state a cause of action for slander of title.

    But the facts you describe don't state a cause of action for slander of title, or slander of anything. You're in the clear.

    See question 
  • Power Of Attorney. Which state should I file in.

    I live in Georgia and will sign the document in Georgia. My agent lives in Louisiana and will sign the document in Louisiana. Should I file the document in GA or in LA?

    Tanner’s Answer

    You need not always file a power of attorney. Of those that I've drafted, I'd say only a small percentage have ever been "filed" as such. Generally, we do not do so unless the POA will affect real property. Otherwise, an unfiled POA is simply used and enforced by the bank officer, bureaucrat, or whomever else it is presented to.

    That said, if you were to file it, you'd want to file it in the records of the Clerk of Superior Court in the county in which you reside in Georgia.

    Be sure that, if ever you revoke the power of attorney, you likewise file the revocation and make a cross-reference to it on your original filing.

    See question 
  • My inheritance was put into a house, the house was sold and another house was bought, I want my inheritance back, what to do?

    The inheritance was received shortly before 2000, I was under the age of 18, and agreed to immediately put it to use to buy my family a home because I was told I would get it back with interest when the house sold, and then we ended up moving, and...

    Tanner’s Answer

    • Selected as best answer

    I agree with the other attorney commenting. This is a real problem. It'd be important for our analysis when you turned 18 and whether you got deeded a share in the house in return for your "investment."

    Consider speaking with a skilled probate litigation attorney as soon as possible.

    See question 
  • Should I probate my Mom's will in common or solemn I am the only child and she was divorced around 1954

    I understand from my research that solemn looks like the proper way to file and I understand that common has a period of time 4 years in Georgia waiting period there is a house and property left to me. My father died sometime around 1982

    Tanner’s Answer

    You should definitely probate the will in solemn form, given the facts as you state them.

    Common form probate, despite its name, is a very uncommon procedure in Georgia. Attorneys typically only use it if they need to open an estate quickly, so as (for example) to file a wrongful death action. It is rarely used to actually pass title to and deal with the estate property, for the reasons you cite in your question.

    In addition to the four years before title to property ripens under common form probate, there is some case law that would lead us to believe that even AFTER the four years, heirs or creditors could involve themselves in the estate and object to what went on.

    Do consider hiring an attorney to assist with even this simple probate action. Best of luck.

    See question