Legal Question in Wills and Trusts in Georgia

my brothers will says his wife can live in his house until she dies then it goes to me, can she rent that house out,his will states wife can live there only


Asked on 6/23/12, 10:44 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

No one here can possibly answer this. No one has read the will itself, the probate petition, the lease agreement the wife entered into, the assent to a devise that was signed pursuant to the will etc. Additionally, we don't know if there was an alternative transfer of the asset such as year's support. You will need to take all those documents to a lawyer to review. Be aware that there are strict timelines in probate to object to things, so the longer you sit on whatever rights you have, the more likely you are to lose them.

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Answered on 6/23/12, 11:12 am

As noted by Attorney Ashman, its not possible to answer your question. Assuming that the will is in GA and states that the wife has lifetime rights or something similar without any further restrictions or conditions, then in that case, she has full lifetime rights and can do as she pleases and does not actually have to live in the property. So she possibly could rent it out, but any rental period is only going to be for the term of her life.

Even though she may have a life estate, remember that she only has the right to use the property. She must maintain it in the same condition and ordinarily the life estate comes with the duty to pay taxes, insurance etc. If she is not living up to her responsibilities then you may be able to bring an action against her.

Bottom line, see a probate attorney to review the will and related documents, if any. You probably will not have the lease if you are not a party to it.

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Answered on 6/25/12, 7:01 pm


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