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

Question

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.

Nina Whitehurst · Answer

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. · Answer

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.

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