Milledgeville, GA asked in Real Estate Law and Probate for Georgia

Q: Can my husband legally move into his father's house if he had no will in Georgia and siblings can't be located?

My husband has being paying the property taxes for the last 5 years, doing the upkeep of the property. My father in laws wife is in a nursing home with dementia.

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

A: No. Your husband needs to file to open an estate for his father in the county where his father lived. He should attempt to be appointed administrator. Once he is appointed administrator, he can determine what the next decision for the estate should be. It is not to move into the house. Usually, it is to sell the house and divide the proceeds among the spouse and the children of the father.

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