Legal Question in Wills and Trusts in Georgia

My mother-in law passed away she had no will she has 3 sons the oldest son raised his hand at the funeral home to be the one in charge now she has a home and land and he is not asking what the other brothers want done he is letting his wife family live in a rv on the property while other wifes family remodel it we want it sold what can we do? The house and land are still in her and her late husbands name not to mention the home is a trailer and really should be torn down it is on about 7.5 acers

Asked on 4/21/13, 4:02 pm

1 Answer from Attorneys

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One does not become the personal representative by simply raising one's hand. One has to be appointed by the probate court.

I would suggest that your husband go and see a probate attorney in the county/state where your mother-in-law lived at the time of her death and apply for probate. The petition will have to be served on the other brothers who can object. If objections are raised, then the court will appoint either your husband or not.

The personal representative's job is to figure out what was owned by your mother-in-law and what she owed, pay her bills and then transfer the remaining assets to the beneficiaries/heirs. It is a bad idea for your husband and his two brothers to own the land as it is unlikely that they will be able to agree on everything all of the time. I would suggest that those who want it buy out the shares of those who don't or that the land be sold and the money split 3 ways unless the land is capable of being equally divided among the 3 sons.

Your husband needs to act quickly since the self-appointed older brother is doing improper things by allowing his wife's family to live on the property.

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4/21/13, 10:16 pm

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