Property Division Without Will

Summary

In Georgia, property distribution without a will follows intestate succession laws. Jointly owned property division depends on whether its held as tenants in common or joint tenants with right of survivorship. The deed, typically from the 1970s, should specify this in the granting or habendum clause. Consulting a probate attorney can provide clarity on legal entitlements and help resolve disputes.

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So, a man and his wife are on a deed for a property that was purchased in *. Supposedly after he died in the *'s, she purchased the piece of property behind that one which only has her name on the deed. She originally had three sons. He had a son and daughter. The wife passed away five years after he passed away. All the original heirs are dead but his daughter. The three sons had children. The man's son has children, and of course, the original heir (his daughter) is still alive. There was no Will found. How does the property get divided among the original heir and the grandchildren?
In Florida, if there is no will, the property distribution follows intestate succession laws:
- The property owned solely by the wife (purchased after husband's death) will be distributed among her heirs (her children or their descendants).
- The property owned jointly by the couple will be divided among the surviving heirs from both sides.
Has there been any legal action taken or probate initiated for the estate?
This is in the state of Georgia.
In Georgia, if there's no will, the property distribution follows intestate succession laws:
- The property owned solely by the wife will be distributed among her heirs (her children or their descendants).
- The jointly owned property will be divided among the surviving heirs from both sides.
Have you initiated any probate proceedings for the estate?
We are attempting to, but according to her heirs', lawyer -- they are entitled to more of the property that they both are on the deed on because they also get her share...
Case Rating: *
In Georgia, the distribution of property without a will follows intestate succession laws. It seems there might be a conflict regarding the division of the jointly owned property. Consulting with a probate attorney will help clarify the legal entitlements. Have you considered seeking a second opinion or mediation?
Yes, we are going to court. But I don't understand why her heirs do not not get *% and his heirs do not get *% of the property that they are both on the deed?
Case Rating: *
In Georgia, if a jointly owned property is held as "tenants in common," each owner's share can pass to their heirs. If held as "joint tenants with right of survivorship," the surviving owner automatically inherits the other owner's share. Clarification on how the deed is held is crucial. Have you checked the deed for the type of ownership specified?
Does it say that on a deed from the *'s in Georgia? Where?
Case Rating: *
In Georgia, deeds from the 1970s should specify the type of ownership, either as "tenants in common" or "joint tenants with right of survivorship." This information is usually found in the "granting clause" or "habendum clause" of the deed. Checking the deed can clarify the ownership structure.