the will and PROBATE

[silentsister]

hello. sorry that this is my FOURTH thread on my dads will but I didn't want to overwhelm anyone who was trying to help me, by putting ALL of this into one thread. My parents house is in my mothers and fathers names. My mother died 19 years ago and her name is STILL on the deed. a Lawyer told my dad that my mothers share would go to me and my sister since she did not have a will. My father passed away three weeks ago and he left his share (half) to his new wife. she can stay in the house until she dies and if so, then me and my sister will then get his share giving us equal halves in the house. thats the way the will reads. BUT she can sell if she wants. The problem is, or my thinking that the problem is, the deed still has my mother listed on it. They are taking my dads will into probate. But my mother didn't have a will and nothing was ever probated on her half of the house. He can't just will me and my sister my mothers share. now step mom, is pushing HARD, will hadn't been read for five minutes, when she made lawyer make me offer to buy my share out. how is deed going to get out of our mothers name?
years ago there was a family fued over step mother wanting me and sister to sign our shares over to our dad, so he could 'let' her live in the house until she dies. I was the only one smart enough to smell a rat and didn't sign the paper. step mom has hated me every since. now she wants me to sell her my share. guess she plans to sell, I mean, why would she want to buy me and my sister out, when she can stay in the house until she dies FOR FREE??? makes no sense. but what has to be done, or can be done, if house is still in my mothers name and she had no will? how will this unfold? thanks, silence

 

[presutin]

I strongly suggest that you consult with an attorney so you can protect your share of the asset and/or find another solution regarding your stepmother share. Good Luck!

 

[silentsister]

thanks for your response Presutin! I appreciate you taking the time to help.

 

[seniorjudge]

I strongly suggest that you consult with an attorney so you can protect your share of the asset and/or find another solution regarding your stepmother share. Good Luck!

I agree.

You have a major lawsuit on your hands.

 

[silentsister]

well, I contacted step mothers/Fathers lawyer yesterday, via fax (I live out of town) letting him know that I was concerned of how step mother was making a offer to buy my interest in the property when the title to the property is still vested in my deceased mothers name. Then I asked wouldn't something have to be done to get it out of my mothers name first before the property could be sold, or shares could be sold to step mother?

Lawyer wrote back with this response-------------
'we are recording an Affidavit of facts affecting title to land which will take the 1/2 interest out of your mothers estate and equally place it in you, your father, and your sister."

Any comments on this? I didn't realize it was so easy to switch it from one name to another. By the way, the property is in the state of Georgia, if that makes a difference. thanks in advance. really apprecaite the help I am getting here! ~silence