Legal Question in Wills and Trusts in Georgia

Re: death of spouse

Be aware that a lender will foreclose against the estate of a borrower just as they would against the borrower himself. If he left no will, intestate administration can be initiated, an administrator appointed, and that person can interact with the lender in dealing with the mortgage. If he left a will, probate it, and the executor or executrix of the estate can deal with the lender. If the estate is minimal, an amount you think does not justify hiring a lawyer, you can check with the Probate Court Clerk of the county where your father in law lived, and ask about the streamlined process for small estates. But whatever you do - do not assume that the lender will treat the home any differently, just because the borrower has passed on and the home is now in his estate.