Legal Question in Wills and Trusts in Georgia

My mother passed away earlier this year. She lived in the State of Georgia. She was married to her 2nd husband for 18 years prior to her death. My mother solely owned her house & land. Mom made a Will in 2004, naming my brother & myself as co-executors. She left her home to me, but stated in the Will that her husband had the right to live there as long as he could care for himself.

Prior to her passing, she was sick for about 3 months. During this time, her husband lived with his daughter in another residence. Since mom passed, the husband has not lived in mom's residence, but yet refuses to sign the acknowledgement form needed to probate the will & refuses to remove the remainder of his personal items from the property. He has made it clear that he does not intend to live in the residence, but doesn't want to turn it over to the estate.

What rights does the estate have? Do we have the right to force him to remove the remainder of his property? The estate is having to pay the utilities, taxes & insurance while everything is in limbo.


Asked on 5/24/16, 12:44 pm

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

No one who has not reaad the will completely, and the needed recorded deed or assent, can possibly answer this. The executor should have hired a lawyer on day one. If that was not done (huge mistake) do that now.

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Answered on 5/24/16, 12:56 pm
Rachel Hunter

I agree with Attorney Ashman but offer the following. First, husband has no ownership rights in the house so there is nothing for him to turn over other than to relinquish possesion of the property. If he is not living in the home, one could argue that perhaps he has forfeited his conditional life estate. It depends on the will. If the will does not condition the life estate on the husband actually living in the home, then I am not sure why you care as long as he maintains the home and pays for the taxes and does not commit waste. However, if any argument can be made that the husband has forfeited or abandoned his life estate, then you would have to file a petition with the probate court to obtain a ruling. That will obligate husband to answer or else forfeit his rights.

I don't understand your comments about the husband refusing to sign paperwork. If he will not sign then you file a petition for probate. The petition is served on the husband and if he objects he must say so in writing. I don't see how he can object to you being personal representative since you wee appointed by the will.

You have some difficult issues and I concur with Attorney Ashman's assessment that you are going to need a probate lawyer in this case, preferably one who can also handle litigation. Maybe you will luck out and the husband will not answer.

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Answered on 5/24/16, 7:41 pm


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