Legal Question in Wills and Trusts in Georgia
Aunt wants it all
My father passed in October 2007. He left rental property to his children. The rental property was left to my father and his two sisters by my grandparents. My aunt (wife of my deceased uncle on my father's side) gets a fourth of the rent generated from the propety each month. Now that my father has died, she is stating that the rental property is fully her property although her deceased spouse (my father's oldest brother) died and did not leave a will. My father left a will and he gave the rental property to his seven biological children. Does my aunt have a right to full ownership of this property although her husband died without leaving a will? Do I have to continue to pay her a portion of the income generated by the rental property? She is being very adamant that the property is now fully her and her three grown children's property.
2 Answers from Attorneys
Re: Aunt wants it all
Your post references, directly or inirectly, at least one will, three decedents' estates, at least a couple of deeds, and perhaps other documents. Some or all of them probably need to be reviewed to determine the answer. You post is not sufficient to summarize them all. You can give it a shot yourself, but it is probably worth a couple hours time from a lawyer that primarily practices in estates and/or real estate in your area (they will have access to other documents at the courthouse).
Re: Aunt wants it all
Your question is outside the scope of this forum. An attorney will need to comprehensively review many factors in order to provide an informed opinion. Trying to handle the matter yourself may end up costing you more in the long run because opposing parties are more likely to sue you if you do not have an attorney to safeguard your interests.
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Home Is there a way to have home pass onto son without a probate Asked 1/11/08, 9:21 pm in United States Georgia Probate, Trusts, Wills & Estates