Legal Question in Wills and Trusts in Georgia

You will have to start eviction proceedings in the county where the house is located. He may have certain defenses. However, the eviction proceedings is a good start.

Her husband may also have certain marital rights under Georgia's elective share statute if the will did not make any provision for him and if there is no pre or post nuptial agreement where he waived his marital rightsw.

Before you start eviction proceedings, I would recommend that you first speak with a probate attorney, preferably one who does litigation. He or she will be able to advise whether the husband has any marital rights. The attorney can also assist in getting an order granting you access to your mother's home so that you can inventory or take possession of her property. You still might need to do the eviction but first speak to the probate attorney.