Legal Question in Wills and Trusts in Georgia

Siblings (heirs) responsible for deceased's portion of house payments, ect...

Mom passed in 1995 (no will, legal wording in house note not worded so dad would get house). Kids divide 2/3's of mom's 1/2 of house. Dad has been paying house note since mom passed. Dad is living with me and cannot live alone anymore. Three of five kids want ALL of his money (do not want to give him any) because I have POA over him. He gets SSA, but it's not enough to pay bills and get him things he needs. The three kids will not sign to have house sold until they have full control of his money. This means the house will not be sold. MY QUESTIONS-- Are all the children responsible for mom's half of the bills,since death ie... house note, taxes and insurance? Can dad sue kids for her half of these bills? If yes,Can this be done in small claims court? This will pay his debts and let him aquire things needed for himself.


Asked on 1/30/04, 5:50 pm

1 Answer from Attorneys
Harold Holcombe Harold D. Holcombe, P.C.

Re: Siblings (heirs) responsible for deceased's portion of house payments, ect..

There are way too many issues to answer her. You are not responsible for decedents bills, but the bills should be paid first before any money was distributed. Property can be sold even if they don't want to by filing a petition in Superior Court. I suggest you consult with a local attorney about your rights. Sorry I couldn't help more.

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Answered on 1/31/04, 10:12 am


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