Legal Question in Wills and Trusts in Georgia
The house and mortgage is in my husbands name. There is about 80K left on the mortgage which is half the value of the house. My husband died in 2008 and left the house to me and his 2 brothers. I live in the house and have been making all the mortgage payments, up keep, property taxes, hazard insurance etc. the brothers have paid nothing. The will has been probated and all property divided up except the house. What happens if I pay off the mortgage and then the 2 brothers try to partition the house? Will my 80k just be gone to the brothers when the house sells in the partition suite? thanks.
1 Answer from Attorneys
It would be VERY foolish for you to pay off the mortgage on a home where you only own 1/3 of it. You money could be gone.
You need to now do what you should have done in 2008. Obtain counsel to protect your interests in a partition (the house will sell for less that way than if a pre-suit agreement is reached, so you need legal help to work on that).
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