Legal Question in Wills and Trusts in Georgia
Ok I am a 18 in high school my brother and I stay in a home with my aunt. The home is originally my moms(deceased), She is head of my moms estate and guardian of my brother. I wanted to know when he comes of age can we vacate her out of the home and we can live by ourselves. If so what actions should i take to do this?
2 Answers from Attorneys
Unless the guardianship order provides otherwise, when your brother turns 18, he can do whatever he wants. What concerns me is that you might be entitled to something from your mother's estate that your aunt is not telling you about. Consult with a local attorney. Call around; some offer free initial consultations.
If your mother had a will, you should go to probate court to obtain a copy of the will. If you believe your aunt is violating her obligation as an executor, you should hire an attorney and take her to court. Additionally, your mother's will dictates if your aunt has the right to remain in the house after your brother reaches 18. For instance, your mother may have given her sister a life estate to enable her to remain in the house. Therefore, before evicting her, review the will and the deed to the house.
(LIcensed in Georgia --- 10 Glen Lake Parkway, Suite 130, Atlanta, GA 30328)
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