Jonesboro, GA asked in Family Law and Probate for Georgia

Q: My mom passed away in 2015. There was only a house left. I became the administrator because I live in the house.

There was no will. I have three siblings and my stepdad. My brother passed away right after my mom. He had no heirs. My stepdad and my other two siblings don't want anything to do with the property because they have their own homes. How do I close out the Probate so that I can get the mortgage and insurance in my name?

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2 Lawyer Answers
Robert W. Hughes Jr.
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Robert W. Hughes Jr.
Answered
  • Probate Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: You have a mess on your hands. You will need your the step-dad and 2 siblings to sign a disclaimer stating they do not want anything from the estate. If your brother who died has children, they are entitled to your brother's share.

1 user found this answer helpful

Kedra M. Gotel
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Kedra M. Gotel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Estate Planning Lawyer
  • Newnan, GA
  • Licensed in Georgia

A: I'm really sorry for your loss. Your question concerning the mortgage and home insurance is one that is dictated by contract law and not probate.

If your step-dad was still married to your mom at the time of her death then he is her heir at law not you and your siblings.

1 user found this answer helpful

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