Legal Question in Wills and Trusts in Georgia

Twelve-Month support

I filed a 12-month petition when my wife died placing 25% ownership of my mortgage in my daughters name (15 months at time of death).

I'm remarried but I can not do a thing to the house without the courts permission. My current wife has no interest in the house(value) even though she is 50% contributor of our house-hold.

I've taken very good care of my daughters future in secured funds(liquid) for her at age 18 but I have to consider my duty as a father/husband to protect my NEW family as a whole.

What do I have to do in 'Consideration' of my daughter/wife. A resent remodel of the home added 40k to the value, my wife contributes to it's payment but she has no ownership?

Regards


Asked on 6/27/00, 1:13 pm

1 Answer from Attorneys
John Etheriedge Etheriedge & Associates, PC

Re: Twelve-Month support

Your facts are not quite clear. I presume that you filed for year's support on behalf of yourself and minor daughter at the time of your wife's death. In return it sounds like the court issued a separate award of property to your daughter (or to you on behalf of your daughter) which included a fractional interest in the residence. If this is the case, you are correct, there is nothing you can do with your daughter's property without the approval of the court. You may, however, persuade the court to approve a property "swap." In other words, the court may grant a request to transfer other property of equal value (i.e., cash, stocks, bonds, or even other real estate) to your daughter in return for the property in question.

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Answered on 9/06/00, 11:38 pm


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