Legal Question in Wills and Trusts in Georgia
being evicted
I have lived with my grandfather essentially my whole life and was living with him (taking care of him) when he passed. In his will, the house is to be sold and split 3 ways. My problem is, I am not in the will, my mother is and her share is to be split between me and my 2 brothers. But my aunt (executor) is trying to kick me out of the house and the will has not even been read or anything. I have been taking care of my grandfather and mother (who died in july 08) for the last 4 years @ least and because I was ''working'' for them, I did not have any ''outside income'' that would allow me to be able to move out. This has been my home my entire life ...it has been less than 2 mos since my grandfather passed and I just need a little time to get my affairs in order so that I can move. I have NO PLACE TO GO. What can I do, if anything? Unfortunately, his will was not changed b4 his death because he did not want the house to be sold.
2 Answers from Attorneys
Re: being evicted
Your aunt has a duty to secure the house (and other property) and prepare it for sale (based on your statement it is to be sold). The unfortunate reality is that it is not your house so you need to find another home.
Re: being evicted
If you are not in the will and the executor says move, you must move.Your aunt is doing exactly what your grandfather required her to do with his will, which must be followed.