I need to know who has the deed to a property in Rossvill,Ga

Asked by Michelle Young, Rossville, GA Thu Aug 25, 2011

My grandparents passed leaving a home in a will to my Mom only. My Mom just passed w/out leaving a will and my step father claims his name is on said deed. They have no children and I am direct descedant to my Mom. Is he legally able to assume the house with out me? What can I do?

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Steve Atches…, Agent, Chickamauga, GA
Sun Sep 29, 2013
You need to pose this question to a title attorney. If the deed was made out in both your mother and stepfather's name with "right of survivorship", you may have a problem. Go to the courthouse and get a copy of the deed and check to see if it was or was not made out in both names with "right of survivorship".
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Debbie Atche…, Agent, Chickamauga, GA
Tue Mar 5, 2013
I recommend checking the county tax records. You may access the county tax records via the "Helpful Links" on our website http://www.atchesonrealtors.com. There may be many issues that would affect your situation. I would advise that you seek competent legal assistance.
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Jack Gillis, Agent, Dallas, TX
Thu Aug 25, 2011
As far as the Deed, the County Records office will have a copy of the last recorded Deed. However, in most jurisdictions, there is no legal requirement to file a Deed; there are reasons you want to file the Deed, but it is not a legal requirement to do so.

If your mom died intestate (without a will) then you should immediately seek legal advice as to your rights under the laws of the State where she resided. Only an attorney may give you advice in this area. You may very well have inherited her share of the home, but, again, only an attorney in her State may answer this question for you.

Jack Gillis, M.B.A., J.D. │ Realtor®
Jack Gillis Realty Advisors
United Real Estate, Broker
5430 LBJ Freeway | Suite 280
Dallas, TX 75240
Cell: 214.718.4910
Email: Jack@JackGillisRealty.com
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