Legal Question in Wills and Trusts in Georgia

Probate

Daughter died intestate and had a townhome that her mother lived in and paid all mortgage payments. Even though the mother paid all mortgage payments from day one, does the mother get to retain the townhouse and continue to make future payments? The IRS has staked a claim to the townhouse per the court appointed attorneys. The IRS is stating that the daughter owes $2.1 million and wants the townhouse. Can the IRS get the townhouse?


Asked on 10/03/08, 8:26 pm

2 Answers from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

Re: Probate

The part about the mother should be easy: she acquired no interest in the property.

The part about the IRS is more troublesome. Consult with a local attorney.

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Answered on 10/04/08, 3:44 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Probate

If your question is whether a person can keep property because they were allowed to live in it and make the payments, the answer is no - that is generally called renting/leasing the property. Beyond that, this is not the forum to evaluate multi-million dollar estate disputes with a couple sentences. That is a responsibility of the administrator.

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Answered on 10/03/08, 8:33 pm


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