Legal Question in Wills and Trusts in Georgia

My uncle passed away last week and left his entire estate to my cousin. He had some people (not relatives) living with him, rent free that were completely taking advantage of him before he passed and now my cousin has given them 30 days to move so she can possess the house. They are refusing to leave and the police say there is nothing she can do about it. She even turned off the electricity and the police made her turn it back on! They have taken my uncles belongings, by the truckload and sold it. We havent been able to get in the house to get any of our family belongings. I just cant believe we dont have any rights in this situation. Can you please tell me what we should do at this point? We are desperate for answers. Thank you so much!


Asked on 4/13/11, 8:59 am

1 Answer from Attorneys

First of all, I cannot discuss your cousin's situation with you. There is a proper procedure for landlords to follow and your cousin is a de facto landlord by virtue of your uncle's death. your cousin needs to see a probate lawyer and be properly appointed as the personal representative of your nucle's estate and it is much to soon for that to have occurred yet. Once appointed by the court, your cousin will be in a position to demand that the tenants leave in conformity with the notice requirements of the law. If they fail to do so, then your cousin can commence eviction proceedings. However, your cousing is not privileged to turn off the utilities or change the locks. Only the court can formally give her back possession of the property and forcibly evict the tenants if it is necessary. Your cousin can also get a restraining order to prohibit these tenants by sufferance from making off with your uncle's property. If they have already disposed of it, your cousin can sue them and, if they have converted the property, she can recover its value. If this is in Georgia, Georgia does allow wage garnishment so they will not escape.

You may not like it, but please do things properly and have your cousin get to a probate lawyer in the county/state where your uncle lived at the time of his death.

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Answered on 4/13/11, 10:12 am


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