Legal Question in Wills and Trusts in Georgia

In Georgia My stepfather died with a will giving a life estate to my mother, and then passing it to his son, my half brother. My mother was never on the deed..He dies over 10 years ago. The estate was never probated, but the will is on file at the courthouse.

His son, my half brother, is incompetent in handling financial matters, will not hold a job. He lives with my mother, and only works cutting grass in the summer.

He will likely borrow money on the property, default, and lose the property, leaving him no place to live.

Is there anything I can to to prevent this? I am in the will as the executor of the estate.


Asked on 2/04/10, 8:34 am

1 Answer from Attorneys

Paula McGill Paula McGill Attorney at Law

Unfortunately, your parents should have protected your brother by putting the property in trust. Now, you cannot put the property in trust. However, you can petition the court to become your brother's guardian to control his financial affairs.

Also licensed and practicing in Georgia

10 Glen Lake Parkway

Suite 130

Atlanta, GA 30328

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Answered on 2/10/10, 4:36 pm


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