Legal Question in Wills and Trusts in Georgia

My father passed away several years ago and left me two rental properties that the rent goes to my mother until her death. She just passed away. Can I start receiving the rent now or do I have to wait until her will is probated?


Asked on 8/31/15, 5:16 am

1 Answer from Attorneys

Neither I nor any attorney will know because we have not seen the terms of your father's will and the deeds to the properties. Based on what you say, if your father's will says something liked "pay rental income from x and y properties to wife for her life, then to child" you do not have to wait until administration of your mother's estate is complete if your father solely owned these properties.

However, if your father and mother owned the rental properties jointly with a right of survivorship (assuming they are in Georgia) the the properties would have passed automatically to your mother and she would have been entitled to ownership and rental income. In such case, you might have to wait.

I would start by reviewing the terms of your father's and mother's wills and the deeds to the properties. If that does not help, then go see a probate attorney and pay him or her to review and advise you.

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Answered on 9/01/15, 9:35 pm


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