Legal Question in Wills and Trusts in Georgia

my dad and mom died and me and my brother fighting over the house i live there now and he wants me out so he can move in but every thing half and half what can i do


Asked on 3/26/12, 5:54 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You need to hire a probate lawyer ASAP.

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Answered on 3/26/12, 6:13 pm

You do not indicate important details like when your parents died, if they had wills or whether their estates were probated.

If probate is necessary or the matter is still in probate, then I would see a probate attorney now. If probate is over and not needed, then I would see a real estate attorney.

If you and your brother now jointly own the home, neither of you can force the other out. Neither of you are entitled to exclsuvie possession either. If you live in the home and want the home for yourself, then buy out your brother's share. If you cannot afford that, then he can buy out your share. If you cannot agree and neither one wants to buy out the share of the other, then either of you can bring what is called a partition action. In some cases, the court can divide the land and you each get a share. However, if the land cannot be divided, then the court will order the land to be sold and the money will be divided. My advice would be to work out some kind of deal between yourself and your brother. Since you cannot agree, the only option is to hire a lawyer.

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Answered on 3/27/12, 2:30 pm


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