Legal Question in Wills and Trusts in Georgia

My mother purchased a home in 2003 and i lived in it for 13 yrs her husband began not to pay the bills and she was evicted from her appartment they decided to separate but he moved in. she later was diagnosed with stage 4 cancer while residing at the home that she purchased for me. she is now deceased she only lived in the home for 9 months and now he refuses to move out and is taking me to probate court for a years support and the family home. i moved out so she could move in and be safe. will he be granted the years support and the home?


Asked on 10/25/16, 5:33 pm

1 Answer from Attorneys
Rachel Hunter

Your mother should have divorced her husband or made a post-nuptial/marital settlement agreement and a will. She did not or else you do not mention it. Since she did not, her spouse is entitled to yearly support and 1/3rd to 1/2 of her net assets, i.e., the house, and other stuff depending on the number of other children there are. So yes, he can get a yea's support and/or the right to stay in the home. You had best get a probate attorney to make sure that this man does not get anything more than he is entitled to.

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Answered on 10/25/16, 7:39 pm


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