Appellate Victory on Novel Issue Under Georgia Uniform Partition of Heirs Property Act

Stembridge Taylor secured a significant victory in the Georgia Court of Appeals for a client in her partition action for heirs property. The Uniform Partition of Heirs Property Act (UPHPA) clearly states that in heirs property partition cases, the court “”shall”” order an appraisal to establish the fair market value. However, the Early Couty Superior Court disregarded this requirement and issued a final judgment on the heirs property division by relying solely on an outdated appraisal.

Ms. Morton, previously acting pro se as the trustee of the living trust in question, sought Lisa Taylor in her capacity to represent new clients in appellate court matters. Ms. Taylor promptly filed a notice of appeal and argued the mandatory nature of the appraisal requirement and the absence of any exceptions applicable to the circumstances. The Court agreed and found that had the trial court ordered a new appraisal as mandated, it would have been required to consider the new appraisal when determining the property’s fair market value. As such, the judgment and compensatory damages previously awarded to the heirs was reversed, and the case returns to the trial court for further proceedings. A court-ordered appraisal will now be conducted, potentially leading to a revised fair market value allowing our client a chance to receive fair consideration of the property division.