Investor · Suwanee, GA · Member since 2014 · 22 posts · 15 votes
Friend died back in 2019, he had a paid off SFR in Gwinnett County, Georgia north of Atlanta.
I have paid 2 years of back taxes over $6000 and another bill is coming due.
Friend had no close family. I contacted what family he had left and made a deal to lease purchase property for a modest amount and put money down on top of paying the back due property taxes.
I can't find any attorney's that seem to be interested in helping me navigate a pathway to getting title to the property or even letting me pay for a title search since I am not using them to "Close" on a home.
County government has been no help, they either won't return any calls or tell me they can't dispense legal advice when I ask them how to proceed. Surely this is not that uncommon of a situation?
Has anyone dealt with this type of situation? I am starting to think I need to petition probate court to settle the estate since no one else will do it and I have paid the property taxes?
@Robert Starnes Simply paying the property taxes gives you No interest, lien or anything else that will help you get the property.
The county has no involvement in this and can not help you.
The Only way to get it is to hire an estate/probate attorney, with the heirs cooperation, and go thru probate so the heirs have the Legal right to sell to you.
Typically the taxes are in arrearages for a few years and you pay off the taxes through auction or prior through a tax sale and wait the amount of time per state requirement. When someone in GA dies with no family or heirs the property goes to the state. I would reach out to a local title attorney and start asking questions to obtain the property through the proof of back taxes. I believe they can file an affidavit to the County to proceed. If not try and dig up that "old napkin" or try to use the hand shake agreement that he gave you the home!
@Robert Starnes Simply paying the property taxes gives you No interest, lien or anything else that will help you get the property.
The county has no involvement in this and can not help you.
The Only way to get it is to hire an estate/probate attorney, with the heirs cooperation, and go thru probate so the heirs have the Legal right to sell to you.
By you paying the back taxes on the property you have been doing the estate a favor since 2019.
Since you had contacted the decedent's family perviously make a small offer to the family up front but only if you can represent the estate as PR (Personal Representative)
If the family agree's file forPetition for Probateas the proposed PR of your friends estate.
This would be the only recourse I can think of for you to legally have an interest in the property..
Thanks Mark. That is a helpful response. Being a PR looks like the way to go. I have a deal in place with the family. They don't live anywhere near the property and have zero interest in it. I had to pay the property taxes to keep it from being taken by the county and sold for past due taxes.
I will go tomorrow and see if I can file as a PR with the Probate court.
While statutes vary widely between states, the basic element here is that you, as a payor, are considered a “volunteer” meaning, you paid a decedent’s secured debt without having any apparent claim or legal standing.
Presumably, you do have possession. There are multiple ways to pass title. If there are no competing claimants or threats, I would decide if the current circumstances are acceptable to continue long enough to file an offset claim as a creditor and then open Probate or a Quiet Title Action.