Legal Question in Wills and Trusts in Georgia

House in Probate
A man died and left his house in equal shares to his 2nd wife and his 2 sons. The will gives the wife up to 2 years to live in the home, but at whatever point she moves, the house is to be sold and the proceeds split three ways.

The wife is the executrix of the estate. She has transferred the deed into her name and the house is on the market. There has not been an appraisal done on the home. Is she required to have one, and is she required to file any paperwork with the court related to intent to sell?

Also, should the deed be in the names of all three heirs, rather than just hers? If something were to happen to her prior to the sale of the home, her will leaves her estate to her own children, so would the sons be protected in relation to the house?

Thank you.

Asked on 5/23/06, 6:42 pm

Charles W. Field Charles W. Field, Attorney at Law

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Re: House in Probate

You should consult with a local attorney because all the pertinent documents need to be reviewed.

Answered on 5/31/06, 4:09 pm

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