Legal Question in Wills and Trusts in Georgia
My father passed away and was living in a rental apartment in NC though still legally married and on the mortgage/deed with his wife in GA. No one knows if he had a will. Is it legal for someone to remove his property and car from the rental before a will is filed in probate court (or his estate is filed intestate)? The landlord considers his lease terminated and would like his personal property removed before month-end because his rent was paid through next week. I don't want to be sued or charged with a crime for boxing up his things and moving them to a storage unit because I acted before an executor had been appointed.
2 Answers from Attorneys
As long as you don't dispose of the property and turn it over to the estate when an estate is opened, I don't see where anyone can complain. It would be smart to get an okay from his wife and any other siblings of yours to make sure you are on the same page. If no one can find a will, either you or his wife needs to see a lawyer about opening an intestate estate. Since he has assets in two states, there may even need to be multiple probates.
How long did your father live in NC? If he was a legal resident of NC then the estate would need probated here and possibly an ancillary estate in Georgia. Was the car still registered in Georgia? Or NC? If your father did not meet the residency requirements, then his main estate would need probated in Georgia and maybe, depending on what your father owned, he would need an ancillary estate in NC.
Regarding boxing up your father's things - I assume form your post that your father's current wife is not your mother. If that is the case, I would protect yourself by taking pictures of the items and taking an inventory. It would be better if the personal representative of the estate (whoever that is) did this rather than you unless you are going to be the personal representative.
SInce your father was separated from his wife, was there a marital settlement agreement? The wife may have relinquished her rights to inheritance if the estate is probated in NC. You would need to check with a probate attorney about that as you do not address the circumstances relating to their separation. I am just raising this as a possibility.
Regarding the land in Georgia, how was it titled? If it was owned as a joint tenancy with right of survivorship, then it may go to the wife. The car and other assets may pass as per the probate laws wherever the main estate is probated. Depending on what your father owned and where the estate is probated and if the wife forfeited any rights by living separate from your father, the wife may get a substantial part of the assets if there is no will.
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