Legal Question in Wills and Trusts in Georgia
I had a best friend and business companion pass away about 5 years ago. He left owing some credit card bills and other medical bills that was not my responsibility or the business. We had a house that we were buying together but I have lost the house since his passing. Does his kids have any recourse of the contents of the house if everything in the house was ours? We lived in Georgia and Florida.
3 Answers from Attorneys
Sure, his actual family has a right to property of his estate unless there is a will stating otherwise. A "best friend and business companion" has absolutely no right to property of his estate under the law (again, unless a will states otherwise).
Best friends and business partners get NO inheritance unless there was a probated will that left things to you or unless you had property with him that was formally titled as "joint tenancy with right of surviorship."
So if you wrongfully took his property when he died, yes, his family can sue you.
Why are you just getting around to doing something about this NOW? When the man died, did he have a will? Was an estate probated for him?
I don't know what you mean by the stuff was "ours." If you were not married and did not have a partnership agreement, then anything he bought was his and anything you bought was yours. If you bought stuff and used it, furniture and appliances don't have much value if they are used so I would not be overly concerned with a lawsuit. There are also limitations periods to bring suit and since I don't know what or was not done, I can't answer as to whether any suit would be barred at this time. My guess is that even if no estate was probated, the kids would probably rather have cash anyway than used furniture or appliances.
I also don't understand what you mean by "you were buying property" and then you "lost it." Either you completed the purchase or you did not. If you did and you were still paying for it when the person died, then you and the other person still owned it. The problem is that I don't know how the land was deeded to know whether it would have passed to you or not. However, if you and/or the other person or his heirs did not keep paying for it, then it would have been lost through foreclosure.
Your best bet would be to see an attorney if any of the children are making inquiry about property.
Also, estate/probate law will be the law of the county/state where the man lived at the time of his death. You mention GA and FLA. One or the other places had to be the place of domicile and that is the place where an estate would have been probated and that is where you will need an attorney.