Legal Question in Wills and Trusts in Georgia

Since the wife left the house to both the husband and the daughter, they both have the same legal rights. They have a right to occupy the house and both have a right to have a say who lives there. And the daughter is also liable for half the mortgage payments.

What I would suggest is that whoever can afford to do so buy out the share of the other for whatever equity is in the house. Failing that, either can bring a partition action unless they can come up with some kind of agreement.

Since the house is half the daughter's, I think she can keep the personal possessions there without charge. The daughter also needs to pay something towards the upkeep, maintenance and taxes. Technically, the house should be assigned a rental value with each party contributing half. From the husband's share should be deducted the amount he pays towards the mortgage.

Before any action is taken in regard to a family settlement agreement or partition, I suggest that your brother have aprobate attorney review the will to more specifically discuss his rights to the marital home. He has certain rights to an elective share under the will and this may trump whatever the will says, although I do not know whether he asserted such rights.

I agree with most of what Racehel said, except only spouses and minor children of the deceased can claim elective shares against a will, so that part of her answer appears incorrect.