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.

Related Topics:
1 Lawyer Answer
Robert W. Hughes Jr.
Robert W. Hughes Jr.
  • 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.

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.