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My father died in 2009 leaving his farm property to 4 children. his current wife received all bank proceeds & pension.

Albany, GA |

we need to sell farm land only but she has life estate on house and will not sign Quit Claim Deed. She abandoned property 1 wk after his death. the land ae are selling is leased for farming only and does not include home. It is on 2 seperate tax rolls. what are our options?

Attorney Answers 5


  1. Without looking at the will and the title to the property (not just the tax records), there is no good way to give you an answer. I would recommend you talk to an attorney in your area that deals with estate issues, If there was no attorney who set up the estate in 2009, you probably need to find one to consult with. If there was an attorney, that individual may be able to answer your questions.

    This answer is for general purposes only, and it does not create an attorney-client relationship.


  2. Your question is much too complicated to answer on this website. All of the relevant documents need to be reviewed to give you an answer/options. I suggest that you look for a probate attorney on this website or at naela.org and call to set up a consultation with that attorney. It might cost you a few hundred dollars; however, if this is important the price is small for good advice.

    Best wishes!

    Legal Disclaimer: Paul A. Smolinski is licensed to practice law in the State of Illinois only, and as such, his answers to AVVO inquiries are based on his understanding of Illinois law only. His answers are for general information about perceived legal issues within this question only and no response to any posted inquiry should be deemed to extend any right of confidentiality between you and Mr. Smolinski, to constitute legal advice, or create an attorney/client or other contractual relationship. An attorney/client relationship is formed only by specific agreement including an evaluation of the specific legal problem and review of all the facts and documents at issue. We try to insure the accuracy of this information, but we cannot guarantee its accuracy. The reader should never assume that this information applies to his or her specific situation or constitutes legal advice. Therefore, please consult competent counsel that practices in the subject area in your jurisdiction and who is familiar with your specific facts and all of the circumstances.


  3. This is something you should work with an attorney on. But, I would think you could sell the land and parcel out the house.

    www.atl-law.com

    The DiGiulio Law Firm, LLC. Phone: 888-540-4529 Website: www.atl-law.com Atlanta, Marietta, Lawrencevile, Duluth, Alpharetta, Buckhead The above answer is for general information purposes and is offered as a service to the public. Nothing on this or associated pages, documents, comments, answers, reviews or other communications, including the above post, should be taken as legal advice for any individual case or situation or relied upon as a substitute for engaging legal counsel, nor does it constitute advertising or a solicitation. Viewing the general information here, including your receipt or transmission of information hereof does not alone create or constitute an attorney-client relationship or ensure confidentiality. Please contact 770-309-9551 for additional questions or to schedule for your free phone consultation. If this question or answer pertains to bankruptcy, please be advised that we are a federal debt relief agency. One of our areas of practice is to help people file for bankruptcy relief and protection under the U.S. Bankruptcy Code.


  4. If she has a life estate, your options may not exist or may be very expensive. But to know for sure, a lawyer needs to read all the probate and deed paperwork.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.


  5. A life estate bifurcates title to property. In other words, if you want to sell or otherwise transfer the property, all of the owners as well as the owner of the life estate will have to sign the deed. If she will not do so, you cannot sell it. If you think the house was separated from the land somehow and that she does not have a life estate in the land, you would want to do a title search to make sure. You may also want to look at the property description on the estate's deed granting her the life estate to see if it includes the acreage. Then, go and see an attorney to determine what you can and cannot do based on the accurate information you are then able to give them.

    The above information is general in nature. In order to obtain more specific and legal advice upon which to base your important decisions, please contact our office directly for a free phone or in person consultation. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP hmgrmg@yahoo.com 53 W. Candler St. Or 718 Oak St. Winder, Ga. 30680 Gainesville, Georgia (770) 307-4899 (770) 538-0555 gadebtlaw.com hicksmasseyandgardner.com serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation

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