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2018 Georgia Code 53-9-6 | Car Wreck Lawyer

TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Section 9. Missing Persons and Persons Believed to be Dead, 53-9-1 through 53-9-21.

ARTICLE 1 ADMINISTRATION OF ESTATE

53-9-6. Recovery of property by missing individual.

At any time before the expiration of two years after letters or an order for year's support or an order that no administration is necessary is issued regarding the estate of the missing individual, any property received by any spouse or child or other purported heir or beneficiary of the missing individual may be recovered by the missing individual unless the property has been transferred for an adequate consideration to a bona fide purchaser, in which case the amount of the consideration received for such transfer may be recovered from the transferor. No action to recover any property from any spouse, child, or other purported heir or beneficiary or to recover any consideration received by such a person as a result of a transfer of property to a bona fide purchaser may be brought by a missing individual after the expiration of the two-year period set out in this Code section unless the missing individual is a minor, in which case the time for bringing such actions shall be extended to two years from the date the missing individual reaches the age of majority.

(Code 1981, §53-9-6, enacted by Ga. L. 1996, p. 504, § 10.)

COMMENT

This section carries forward portions of former OCGA Sec. 53-9-6 and establishes a two-year limit within which the missing individual must file any action to recover property transferred to a spouse, child or other person who took as an heir or beneficiary when the missing individual was believed to be dead.

RESEARCH REFERENCES

Am. Jur. 2d.

- 1 Am. Jur. 2d, Absentees, §§ 5, 6.

C.J.S.

- 1 C.J.S., Absentees, §§ 1, 2, 3.

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