Q: DOES MY DECEASED SISTER’S HUSBAND HAVE RIGHTS TO OCCUPY MY MOTHER’S HOME WHO IS CURRENTLY ALSO DECEASED?
MY MOM PASSED AWAY IN 2006 IN THE STATE OF GA, WHO HAD NO SURVIVING SPOUSE. I AM ONE OF 4 OF MOTHER’S CHILDREN. BUT MY SISTER PASSED AWAY IN 2017, WHO WAS MARRIED WHEN SHE PASSED. MY MOM HAD NO WILL BUT OWNED A HOME WHICH IS BEING OCCUPIED BY MY SISTER’S HUSBAND SINCE HER DEATH. REAL ESTATE TAXES HAVE NOT BEEN PAID ON THE HOME IN 3 YEARS. WE (THE SIBLINGS) ARE MAKING IMMEDIATE PLANS TO PAY OFF ALL BACK TAXES IMMEDIATELY TO BRING IT CURRENT AND TO AVOID FORECLOSURE AND AUCTION. WE ARE GOING TO PROBATE COURT TO FILE A PETITION FOR LETTER OF ADMINISTRATION. MOST LIKELY I WILL BE THE ADMINISTRATOR.
IF MY SISTER’S HUSBAND IS REFUSING TO LEAVE THE HOME OR ALLOW THE HEIRS (THE SIBLINGS) TO ENTER THE HOME, CAN I LEGALLY HAVE HIM EVICTED? DOES HE HAVE ANY LEGAL RIGHT TO REMAIN ON THE PROPERTY?
A: The Administrator has standing to file suit for possession. You may want to look into a suit for a Sale for Partition.
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