Legal Question in Wills and Trusts in Georgia
My husband died, and in the will it states I will receive the house. I am not on the deed currently. At my death, it states his 3 sisters will get the house.
Can I legally sell the house and give my heirs the money without the 3 sisters being involved, while I'm alive?
3 Answers from Attorneys
You have only given part of the story of what exactly the will says -- not your summary version. We can guess you only have a life estate, which means the answer to your question is no, but we have no way of knowing the important facts you left out.
Probably not, but since you chose not to supply the wording of the will, which contains the answer, no one here can say for sure. If you do have a life estate, the answer is no. Regardless of whether the answer is yes or no, you need a lawyer to properly deal with the required paperwork.
My condolences on your loss. If the will says that the sisters get the house at your death, then you have what is called a life estate. A life estate is the right to use the land for the term of your natural life. You are responsible for the taxes, insurance and maintenance. You have a duty to preserve the home in its current condition. You canrent the home to someone else for the term of your life. But you cannot sell the home unless the 3 sisters (called remaindermen) consent.
Even though you are not on the deed, you may have other important rights to a spousal allowance or an elective share if the will did not make adequate provision for you. Since you do not indicate what the other assets are or what the will says, I suggest that you take the will to a probate attorney in the county/state where your husband lived at the time of his death to make sure that you get everything to which you are entitled.