Legal Question in Wills and Trusts in Georgia

Im currently living in a home that my deceased brother purchased for me over 10 yrs ago. Alhthough he purchased the home, I am & have always made the payments...We never got a chance to put my name on on the home loan, im not even authorized on the account...I dont know any info about the loan details and I need to get the loan in my name...At time of his death, he was married....will this affect me being able to become Adminstrator over the home? He never had a will

Asked on 8/31/12, 3:02 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office

Unless he deeded you the home, it's not yours. His wife, and if he had any children, own it. So unless you can get THEM to probate the estate and give it to you, it's not yours.

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Answered on 8/31/12, 5:54 pm

The home and the loan will be the responsibility of the wife and children of your brother. The wife may need to probate an estate. Since you have been making the payments, perhaps they will sell you the home for the balance remaining on the home. The proceeds can be used to satisfy the existing loan and you can get a new loan in your name.

From the lender's perspective, they may not care as long as they are still getting money. However, you do not want to keep making payments on something which you do not own so you need to get this straightened out now.

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Answered on 8/31/12, 9:38 pm

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