Heir to sale of house

[Curious D]

Jurisdiction

Georgia

My father passed away seven years ago. Everything went to his surviving spouse( my stepmother) and she is now wanting to sell the house. There was no will and the house was bought in Georgia in 1979. A realtor contacted me about signing paperwork to sign the deed over to my stepmother and she required the signatures of myself and my brother for her to sell the house because it was bought in 1979 and there was no will. If my brother and I don't sign over the deed (as we were his oldest children whom he left in the divorce) what will happen. Will she still be able to sell the house and if so would we be required to sit down with her in probate court. There are no debts from my father that will have to be paid. JUst not sure what happens if we don't sign.

 

[adjusterjack]

What happens depends on what the deed says. You'll have to do a deed search in the county records. Start with the deed when your father bought the house. Then move forward and see if there are any subsequent deeds that may have changed the ownership to include stepmom.

That somebody is asking you to sign deeds suggests that the house is still in your father's name as his sole and separate property and subject to intestate succession. If that's the case then she cannot sell the house without both your signatures.

In Georgia, the surviving spouse gets 1/3 and the surviving children get the remaining 2/3.

Before you and your brother sign anything, decide if you want 2/3 of your father's estate which means roughly 2/3 of the proceeds from the sale of the house. If you do want the money do not sign anything. Insist that any sales contract include your names and that the escrow company be given written instructions, signed by all three of you, that three separate checks for the proceeds be written at close of escrow and that's when you sign the deed conveying ownership to the buyer. You don't sign any deeds conveying ownership to your stepmom.

If you and your brother have no objection to stepmom getting all the money from the sale of the house then feel free to sign quitclaim deeds conveying any interest you and your brother may have in the property.

 

[army judge]

If my brother and I don't sign over the deed (as we were his oldest children whom he left in the divorce) what will happen.

Georgia laws of intestacy are very clear on how the decedent's assets are to be disbursed.

In the case of real property, a spouse is entitled to at least a 1/3 share, based upon your recitation of the heirs.

You say that you and your brother are the oldest siblings.

Does that mean that your father had other issue?

If so, how many children did your father sire?

If there are other siblings besides you and brother, ALL of you inherit remaining 2/3 after his spouse gets her 1/3.

Let's say there are three children sired by father.

Instead of two siblings receiving .33 each (.66 total), three siblings receive .666/3 = .222% of the remaining .666 (in my example).

Read more a bout GA intestacy, if you wish:

Intestate Succession in Georgia

 

[zddoodah]

My father passed away seven years ago. Everything went to his surviving spouse( my stepmother) and she is now wanting to sell the house. There was no will and the house was bought in Georgia in 1979.

There's something wrong about this. For starters, I assume that your father and stepmother were not yet married when the home was acquired in 1979. If that's not correct, then my comments below will change.

Under Georgia law, when a person dies without a will and is survived by a spouse and descendants, the spouse and descendants share the estate (the spouse will receive either 1/2 or 1/3 of the estate, depending on how many descendants there are). Since your father died without a will and had both a surviving spouse and at least two surviving descendants, there is no reason why "everything" should have gone "to his surviving spouse." You will need to clarify how this happened.

A realtor contacted me about signing paperwork to sign the deed over to my stepmother and she required the signatures of myself and my brother for her to sell the house because it was bought in 1979 and there was no will. If my brother and I don't sign over the deed (as we were his oldest children whom he left in the divorce) what will happen. Will she still be able to sell the house and if so would we be required to sit down with her in probate court.

I don't know what you mean by "sit down with her in probate court." However, I'm guessing that title to the house is only in your father's name and that the realtor understands that, when your father's estate was probated (if it that ever happened, which I'm guessing it didn't), you and your brother should have received a share of the title. As such, your stepmother cannot convey good title without your and your brother's cooperation.

It's obviously impossible for anyone here to predict intelligently what will happen if the two of you decline to cooperation. I suggest you consult with a local attorney.