The Patrick Firm

TRUE OR FALSE?
If a sibling builds a structure on your parents' land while they are alive, they automatically own that portion of the property after the parents pass.

FALSE. Building a shed, a barn, or even a whole house on someone else's land doesn't transfer title. Anything permanently attached to the land generally belongs to the landowner, and at death that land passes under the will or by intestacy—not to whoever poured the concrete. The sibling may have a claim for improvements, but not ownership.

*For educational purposes only and not a legal advice.

Legal Q&A ⚖️

I inherited a house with my three siblings. Can one of them sell it without everyone's signature?

No—one co-owner cannot sell the whole property without everyone signing. What a co-owner can do is file a partition action, which asks the court to either divide the property or force a sale and split the proceeds.

*For educational purposes only and not a legal advice.

Legal Q&A ⚖️

What if the lawyer and court fees cost MORE than the house is worth? Do we still have to go through probate?

Maybe not. Georgia offers a "no administration necessary" option when all heirs agree and there are no unpaid creditors—which can avoid a full probate and most of the fees that go with it. For very small estates, there are even simpler paths. The answer is almost never "just walk away," because title won't clear without some process.

*For educational purposes only and not a legal advice.

Legal Q&A ⚖️

When does the POA take effect?

It depends on what your document says. A Georgia financial POA is effective when signed unless you specifically make it "springing"—meaning it only kicks in upon a triggering event, usually a physician's certification of incapacity. Most modern POAs are effective immediately so your agent can actually help when you need them.

*For educational purposes only and not a legal advice.

Legal Q&A ⚖️

What is a SPRINGING Power of Attorney?

A SPRINGING POA is a durable POA that doesn't take effect until a triggering event—almost always a physician's written certification that you can no longer handle your own affairs. It sounds comforting ("my agent can't do anything until I really need them to"), but in practice, the scramble to get a doctor's letter at the worst possible moment can delay urgent decisions about bills, medical care, or property. That's why most Georgia estate planners recommend an immediately effective durable POA with an agent you already trust.

*For educational purposes only and not a legal advice.

Legal Q&A ⚖️

What is a NON-DURABLE Power of Attorney?

A NON-DURABLE POA does the opposite: it ends the moment you lose mental capacity. That's usually the exact moment you need it most—so for long-term planning, non-durable is almost never the right tool. Where it does make sense is narrow, short-term tasks: "sign this closing while I'm out of the country," or "handle this one transaction while I'm traveling."
In Georgia, your POA will only be non-durable if your document specifically says so.

*For educational purposes only and not a legal advice.

Legal Q&A ⚖️

What is a Durable Power of Attorney?

A DURABLE POA stays in effect even if you become mentally incapacitated. This is the workhorse of estate planning—you sign it today so that if a stroke, dementia, or accident takes away your ability to handle your own affairs tomorrow, your chosen agent can step in without your family having to run to probate court for a guardianship or conservatorship. Under Georgia law, every POA you sign is presumed DURABLE unless the document expressly says otherwise.

*For educational purposes only and not a legal advice.

Today we honor and remember.

Legal Q&A ⚖️

What happens to my kids if I don't have a named guardian in my Estate Plan?

The court decides—not you. A probate judge will appoint a guardian based on the child's best interest, which may or may not be the person you would have chosen, and can lead to family fights you never wanted. Naming a guardian in your will is the single cheapest, most important thing a parent can do.

Have legal questions? Let us know in the comments!

Will vs Trust:

Which do you need?

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