Legal Question in Wills and Trusts in Georgia

A family friend left his employment more than 9 years ago to return home to GA to care for his bedridden mother and schizophrenic sister w/other diagnoses as well. This has been a 24/7 job for him leaving him with no time for an ability to earn a salary or benefits or a life beyond. He does not complain, but the issue is his 3 older brothers who live nearby. They will not assist with any of their mother's or sister's issues or care. The will leaves the house to the children equally and the others will likely want the house put up for sale, thus, forcing out the friend and his severely impaired sister who cannot function outside the family home. The sister will continue to need 24/7 supervision, and our friend is willing to care for her. Does he have any recourse for himself and sister that would enable him to maintain the family house in spite of the will? Again, he's given up his salary all these years to administer care when no one else would even help.


Asked on 12/26/12, 10:04 am

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

There is no general "in spite of the will" that is supposed to make things "fair." If the mother wanted to compensate him and care for the sister, she would have seen an elder law attorney to see that it happened. If she is still of sound mind, and WANTS to do it, your friend might assist her in finding a lawyer but it is her decision. The only sensible thing to do is contact elder care lawyers in their area, as there are probably other estate planning matters to take care of, such as a durable power of attorney for her care if/when she is not of sound mind.

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Answered on 12/26/12, 10:39 am


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