Legal Question in Wills and Trusts in Georgia

sibling rights

My sister-in-law moved in with my father-in-law after being evicted from her home. As my father-in-law was ill at the time she took care of him until he passed away. At the time he made a will she was made the executrix and trustee. He died ten yrs. ago. Since that time she and her husband and children, while they were small, lived in the house rent free. She and her husband still live there. Will she be required to pay the estate the fair market rental value of the home she has been occupying(which was left in the will to all the children share and share alike)and if she wants to remain there won't she have to buy out the other brothers and sisters shares? Also will the furnishings in the home likewise have to be divided among the sibilings or bought for fair market value from them if she wants them?


Asked on 7/15/02, 2:06 pm

1 Answer from Attorneys
Lynwood Jordan Lynwwod Jordan, Attorney at Law

Re: sibling rights

I could not answer your question without more information and seeing the will. You mention "trustee." What was the purpose of the trust and the beneficiaries of the trust? What were her powers as "trustee?" What property went into the trust? I presume she did not pay rent before he died. Does she claim there was some sort of agreement regarding the house in return for her taking care of him? Why has nothing been done for 10 years? That would lend itself to there being some sort of an understanding of some nature.

Your questions intimate that her husband is one of the siblings. If that be the case, he, like any of the other "share and share alike" folks would be tenants in common, problably. I could not say for sure without seeing the will. If all of you are tenants in common, each of you have equal rights to inhabit or possess the premises and none of you owe rent to the others.

Any one of you can force the property to be divided among you, and if it cannot be divided, that the property be sold and the proceeds divided.

That's about all I can say without knowing more and seeing the documents.

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Answered on 7/15/02, 5:26 pm


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