Acworth, GA asked in Estate Planning, Civil Rights and Landlord - Tenant for Georgia

Q: Can you be forced to move from residence from home owners widow whom we're about were not known for years

I have lived at my residence for 1 year and my mother in law for 2. She was taking care of an elderly woman who passed a year ago. The home is in her decised son's name an widow was not able to be found by us nore family . Grandson said we could stay there as long as we kept it up. Widow shoes up after 4 years wants us out. What can we do

1 Lawyer Answer
Stefan Dunkelgrun
Stefan Dunkelgrun
  • Estate Planning Lawyer
  • Grand Forks, ND

A: This is a simple question with a complex answer.

Who owns the home right now? Only the rightful owner, or someone with a lease from the rightful owner, can evict you.

If the home is in the name of a deceased person, the home will need to go through probate to be transferred into the name of a living person. Whether that's the widow or the grandson depends on the will, if there was one, or state intestacy laws if there wasn't. But even if the will left the property to the grandson, the widow may elect to receive a spousal share, if permitted under state law, and receive the property anyway.

So first the ownership of the home needs to be sorted out. If it looks like it will be the spouse, you should prepare to move, as she will be able to evict you.

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