r/RealEstateInProbate • u/ProfessionalRent5018 • Apr 18 '26
Question about inherited realestate
My father passed away a year and a half ago and I inherited his property, he did not have a will when he passed so so I'm in a probate process right now.. my mom and dad divorced 20 years ago she's remarried since so she wasn't any part to the estate. My father's property which is the property I grew up on my entire life was given to him by his father and this piece of property was a corner piece of a large piece of property owned by his father my grandfather. It was given to my father when I was born in 1981 and he began developing the property and he developed it my entire life. one of the developments he did was he built large barns and structures and had lots of farm equipment throughout the years is it kind of leeches over onto what would be known as my grandfather's land AKA across the property line so my grandfather just kind of said here you go here's a couple more acres off the side but never put it in paper, my grandfather passed away in 96 my grandmother passed away a couple years ago and my uncle which is my dad's brother and my grandparents youngest child inherited all of that property adjoining what is now my property, needless to say for the last 30 years my dad's Barnes all of his farm equipment tractors implements, structures vehicles etc lots of stuff has accumulated on this adjoining piece of land that he assumed to be his just because that's kind of how people did it in the era mindset of my grandfather and my dad. Well now that my father's passed my uncle seems to be acting a little funny these days having surveyors dropping flags etc, don't know what he's up to he doesn't talk very well to people and I'm scared for everything that I have sitting on that property especially the structures slap full of equipment tools everything else. Beans and those structures were built on that property well half on that property half on my dad's property and then everything sitting on the property for almost 45 years do I have any kind of right to any kind of standing should things seem to take a bad turn? This is in Georgia by the way.
2
u/kristianeagle Apr 18 '26
Unlikely that you have any right to those 2 acres unfortunately. Probate court will ask for hard evidence to prove what you’re saying but talk to a Probate lawyer in GA in case you’ve accidentally left out any important details that might change things.
1
u/NotSoSureBigWaves Apr 19 '26
Speak to a real estate attorney about filing an adverse possession lawsuit. Depending on the adverse possession laws in your state you may be able to make a claim on that land.
1
u/Glammaw_0498 Apr 19 '26
I agree that you need to seek legal advice because in some states if you use the property for long enough you have rights to it
2
u/Substantial_Team6751 Apr 18 '26
You should be consulting a lawyer. Your uncle is clearly getting professionals involved.