Asked in Probate for Georgia

Q: I live in Georgia. My husband passed. The deed to land and house in both names but cars are not. Does spouse get it all?

We were married for 42 years. He has two children by 2 other wife’s, both short marriages. But the oldest was opposing me being named administrator no will so in probate. She has since also passed. What happens now? My brother in law is also saying land he gave us to build on is his since we never put it in our name. It’s been 29 years since he gave us the land can he take it back? He has already turned our water off and changed locks. I am not even able to go in my property. What can I do? Please advice me it was hard enough losing my husband will I loose my land too?

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1 Lawyer Answer
Jammie Taire
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  • Probate Lawyer
  • Snellville, GA
  • Licensed in Georgia

A: First let me extend my condolences regarding your loss. You packed a lot into this question and more than be answered in this response. On a high level, in Georgia, if your spouse did not have a will, the estate passes to you and the children (even adult children) with you taking no less than 1/3. You may be able to qualify for year's support and ask for property from the Court out of the estate which would supersede the interest of creditors and the children. Regarding the brother, it may be a problem if the property was never transferred. This would go to adverse possession and would definitely need more digging. In any event I would strongly recommend you make an appointment and speak to an attorney and encourage you to retain.

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