Legal Question in Real Estate Law in Georgia

My father remarried in 2001, and shortly thereafter created a Life Estate for his new wife and myself (his adult son). My name was put on the house (solely), and me and my stepmother were put on the Life Estate. The Life Estate provided that if my father passed, my stepmother could stay in the house (or rent it) until she passed. My father passed just 4 short months after they were married. My stepmother chose to move away and rent the house. Since May 2001, she has rented the house, and has paid all of the taxes and the insurance. Two weeks ago, she passed. I contacted the real estate agent who has been managing the property for my stepmother. I asked her for a copy of the lease and was told that legally, she could not provide it. Is this true? Does the lease become null and void upon the passing of my stepmother? Can I cancel the lease? Do I automatically become the owner (or leaser) of the lease? Anything else I should know or be aware of?

Asked on 3/25/14, 2:54 am

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

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No one who has not read the deed could answer that. And you will likely need a lawyer, may need a probate proceeding or other action.

Answered on 3/25/14, 6:09 am

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