Cumming, GA asked in Probate for Georgia

Q: If my dad did not leave a will is the house that he owned with my mother also the heirs home now as well? I'm Prob Admin

My dad did not leave a Will. I am the Probate Administrator now. I am going through the laws around the appropriate measures to take for my mother and three adult children. His house is in Carroll County Georgia. We were told that the house he owned with my mother is also now ours as well because he did not leave a Will and should be counted as property given to us children along with my mother of whom still lives there. (My mother getting a third then us children (adult) the other portion. Is that true? We were encouraged to sell the house. There is still a loan that both my father the deceased and my mother have still on the home.

Related Topics:
2 Lawyer Answers
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Probate Lawyer
  • Crossville, TN

A: The answer depends on how the house was titled. It might have been titled in both your mom's and dad's names, in which case there is a good chance that your mother is now the sole owner of the house. If it was titled in your dad's name alone, then your mother inherited a share (not less than one third) along with your dad's children (equal shares with mother except her share must be at least one third).

Robert W. Hughes Jr.
Robert W. Hughes Jr.
PREMIUM
Answered
  • Probate Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: You really should hire an attorney for some advice about estate administration. That said, it seems your father owned the house by himself. If so, because he died without a will, the house belongs 1/3 to your mom and 2/3 to the children. The children can give their share back to the mother, they can own it with her and choose to charge rent, they can force the sale of the house. Your mother also has a right to year's support that should be explored.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.