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My husband grand father died and he has property still in his name. how can we change it?

Augusta, GA |

His will got changed few week before he died of alztimers. but had no mention of land but all his other belongings got left to a friend of his that got him to change the will. we have been paying taxes on it for the last 10 yrs. what are our options on getting name changes? Where should we start?.

Attorney Answers 5


  1. Get a copy of the will and take it to a recommended probate lawyer practicing in your county.


  2. Ten years ago, you should have hired a probate lawyer. Whether you have any right to the land depends on the will and other facts you didn't share. See a lawyer now,

    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.


  3. I think you should run, not walk, to a lawyer to review the situation. The will controls where the land goes, but .. according to the facts you presented, the will got changed a few weeks before the deceased died from Alzheimers. I have known many alzheimers cases through the years, including my own mother, and generally, by the time the disease has progressed to a terminal conclusion, testamentary capacity has longed since disappeared. That said, challenging a will can be an expensive and time consuming process. You need a lawyer to at least look over the situation for you.


  4. I agree with my colleagues. You need to meet with a lawyer RIGHT AWAY. Your rights to the land would appear to be in serious jeopardy. Will contests are expensive and can take a long time to sort out, but the alternative may be losing the property. You need a skilled probate litigation lawyer RIGHT AWAY.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!


  5. I agree with the postings by the lawyers above. I would add that, unless your husband is his grandfather's only heir, the mere paying of taxes on land will not help him "get it put in his name."

    The land belongs to your grandfather-in-law's heirs. In the first place, these are his wife and children, and if any child has predeceased him, then that child's children (i.e., the folks in your husband's generation) take the predeceasing parent's share.

    If there are heirs other than your husband, then it may be they will agree to allow him to inherit their share of the land. Whether this is possible (and a whole host of other questions) are for a probate lawyer to help you explore.

    As stated above, it's important to speak with an attorney about your situation as soon as possible.

    No attorney-client relationship or privilege is formed by this communication. This answer is to be considered as a general discussion of legal principals and is NOT LEGAL ADVICE. If the asker seeks specific legal advice, he should retain an attorney, who will naturally take the time to consider all aspects of the case and perform any necessary legal research.

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