Legal Question in Wills and Trusts in Georgia

im a married woman with two sons and there dad is in prison ,when my husbands mother died she put my two sons in her will there is two homes in this will,the two brothers which are my husband and his brother are excecutor s of this will and both of them are in prison.what are my rights to be able for me and my two sons to live in one of the houses?

Asked on 9/23/13, 4:42 pm

1 Answer from Attorneys

You need to get a copy of the mother-in-law's will. You also do not indicate when the mother-in-law died, where she lived at the time of her death, where her houses are located or whether an estate was probated for her or when your husband and his brother went off to jail. If they were sent to jail around the time she died, then they could not be the executors of her estate. Some states have laws expressly excluding a felon from being an executor. In such case, a substitute personal representative would have to administer the estate. Was that done? The substitute would be bound by the same provisions and have a duty to pay the debts of the estate and distribute the remaining assets to the heirs.

You do not indicate the age of your sons. Were they minors at the time of the woman's death? If so, they could not inherit land or other valuable property. Did the will create a trust for them in that event? Or were your sons already adults?

You also state that your mother-in-law put your sons in the will and that your mother-in-law owned two pieces of real property. The problem is that you do not indicate whether the will indicated that one or both properties should be left to your sons. If the properties are to go to someone else, then the answer is no, you cannot live in one of the homes. Rather, your sons will only inherit what the will lets them inherit. A different result might follow if the will left one home to your husband and if you are still married to him. Perhaps your husband would let you live there, but that would be a decision for your husband to make.

Since you do not relate any of the facts that would be needed for any attorney to address your claims, I suggest that you consult a probate attorney who practices in the county/state where your mother-in-law's estate is or would be pending. If you do not have a copy of the will (in which case I don't know how you know whether your sons are beneficiaries), then see if an estate was probated at the court. Court records are public records and can be accessed by anyone. Make a copy of the will and any other estate documents and pay the attorney to review these things. Include a timeline of relevant events, such as where the mother-in-law lived at the time of her death, when she died and when your husband went to prison.

You do not indicate if the mother-in-law had property in different states or different counties in the same state. If she did, then she had to be a resident of one of the states or counties. The primary estate will be located where the mother-in-lived most of the time or voted or had a driver's license.

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Answered on 9/23/13, 10:13 pm

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