Tag Archives: Probate Attorney Atlanta

Warning: Always read the legal documents you are asked to sign.

The Georgia Court of Appeals recently ruled that siblings claims against a brother for the latter having fraudulently induced the siblings to sign a deed conveying their interest in a property  to him were barred by the 7 year statute of limitation. The siblings were only given the signature page of what they believed to be an easement, which was in fact the signature page for a deed. They signed the deed at the request of their brother.  They admitted that they did not read the deed before they signed it because they trusted their brother. The Court of Appeals ruled that the siblings had a duty to read the document they signed, there was nothing that prevented them from reading the document, and so the time period for bringing their action started on the day they signed the document now determined to be a deed. The siblings case was dismissed as untimely. The point to be taken from this case is that you should always read what you are asked to sign. If you are not able to understand the meaning of a legal document you are asked to sign, do not sign it until you have consulted an attorney. Please contact Rumsey & Ramsey at (770) 394-9400 to discuss the facts of your case with an attorney.

I have a family member who was a Georgia resident that recently died without a will. Do their assets go to the State of Georgia?

In Georgia, if no person comes forward and claims to be an heir within four years after a legal proceeding has commenced to determine the existence of heirs of a decedent who dies wthout a will, then the decedent’s property can escheat to the State of Georgia. Escheat means revert to the state. Who is considered an heir and when the four year time period begins are outside the scope of this response. Accordingly, please contact Rumsey & Ramsey at (770) 394-9400 to discuss the facts of your case with a lawyer.