Legal Question in Wills and Trusts in Georgia
If surviving parent owns a home and plans to leave the house to all three children. Her 2 grown children live there and Mom's wishes for them to stay. Will they have to buy my part out? Am I liable for having help pay taxes on the estate even though I don't live there?
2 Answers from Attorneys
That completely depends on how she drafts a will and/or deeds (both might be ways to accomplish this). The language in each, and a lawyer should draft them, determine the answer to your question.
If mother wishes for all children to inherit and does not do any estate planning, then all three have to contribute to taxes, insurance, maintenance and upkeep of the property regardless of whether they live there or not. Those that live there may have to pay rent to those that don't, minus the share. The siblings should come up with a written agreement in such case - it may be that the siblings who live there will agree to solely be liable for the taxes, etc. in lieu of paying any rent. If nothing is done and the sibling who does not live there pays nothing for taxes, then those that do will have a claim against the sibling for contribution. The sibling who does not live there would have a claim against the siblings for rent if they do not pay their share of rent. Also, if one wants to sell or lease and the others oppose and do not want to buy out the share of the other, then anyone can seek partition of the property. If a mortgage lender is involved, it gets even more problematic if someone does not pay the mortgage and taxes.
However, if those who live there really want the house, it might be better for your mother to do a bit of estate planning and leave the house to the siblings who live there and make alternate arrangements for the child who does not even providing for a buyout of the sibling's share.
Your mother needs to do some estate planning now if she is still mentally competent. She needs to sit down and allow a lawyer to review her assets and debts and she and the lawyer need to come up with a workable estate plan instead of leaving her children a big legal mess.