Legal Question in Wills and Trusts in Georgia

My dad died 7 months ago. The home he & my mother shared still has a mortgage in his name only. However, my mom's name is on the deed. She's been paying the mortgage, but we're afraid to tell them that he's passed away for fear that they'll try to take the home since she's not on the mortgage. What should we do? Should we go through probate court since he didn't have a will? HELP!

Thank you in advance.


Asked on 6/27/10, 2:08 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Do NOT go to probate court. See a lawyer. If you go to court and try to file things without counsel, you may fail to choose the best options. Depending on details not in your post, she may want to administer the estate, seek years support, or do both, and that choice will affect what bills must (and need not) be paid, and even may save her on property taxes.

I note that you are in my zip code. Feel free to call me at 404.768.3509 for an appointment. In all likelihood we can help your mother with her home and related matters. (Delay can cause problems, so have her make an appointment promptly).

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Answered on 6/27/10, 5:53 pm

I cannot give you advice on your mother's issues for ethical reasons. She needs to see a probate lawyer before she does anything. I also do not know if she and your father lived in Georgia or elsewhere.

Your mother can talk to the mortgage company and get added to the mortgage as she is an heir of your father. However, before she does that, she should talk to a probate attorney regarding probate of your father's estate. You say that there was no will. Then Georgia, like all states, has intestacy laws and your father's estate will be divided between his wife and children, less any spousal allowance. I do not know how the land was owned, what other assets are in the estate, if there are any bills for the estate and how the land in question was owned (tenancy in common, joint tenancy or joint tenancy with right of survivorship/tenancy by the entireties). The answer may affect what your mother does next and only she and a probate attorney can make that call.

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Answered on 6/28/10, 6:19 pm


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