Legal Question in Wills and Trusts in Georgia

family/estate

my husband bought and built a house on 1 1/4 acre land deeded to him by his mother. the house was in his name, and his mother is the cosigner. He passed away and left me with minor children. the mother-in-law kicked us out of the house afteer the funeral becasue she says it is now 100% her house. DO MYSELF OR MY CHILDREN HAVE ANY LEGAL RIGHTS TO THIS HOUSE? We were legally married at his death and he had no will.


Asked on 2/19/09, 7:04 am

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: family/estate

Without reading the deed and loan papers there is no way to answer this. You need a lawyer immediately and should have seen one before you left the home.

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Answered on 2/19/09, 7:09 am
Jeff Bowers The Bowers Law Firm, L.L.C.

Re: family/estate

I agree with the first answer in that you need to call an attorney. However, if by your statement "the house was in his name" means that your husband was the only one on title to the property and he died without a will, then you and his minor children are his heirs and have an interest in that property. If your husband's mother was on title to the property with him as a tenant in common, then she has an interest in the property, but so do you and the minor children. If he was on title to the property with his mother as joint tenants with right of survivorship, then you may be out of luck.

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Answered on 2/19/09, 1:42 pm


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