Legal Question in Wills and Trusts in Georgia
When my father died he willed his real estate to his four legal children, with out Mother to have a life estate on the property. Our Mother is now in need of nursing home assistance; does the nursing home have legal access to the property?
Asked on 9/13/10, 6:08 am
2 Answers from Attorneys
Phillip M. Cook
Cook Legal Services, LLC
Not unless the life estate or some type of power of attorney was signed over to the nursing home or the court orders it or the nursing home has acquired some kind of guardianship which entitles it to access the property.
Answered on 9/18/10, 6:13 am
Glen Ashman
Ashman Law Office also dba Glen Ashman Attorney
Probably not, but this is a case where a screwup in probate or the wording of the will could give a different answer. It would be very prudent to see a lawyer at this point, review what has been done, and read the actual language, which does matter.
Answered on 9/18/10, 6:19 am