Legal Question in Wills and Trusts in Georgia
mother had no will
My mother died with no will. She had a 401K retirement where all four of us were named beneficiaries. So it is to be split equally between us. My older brother has applied for administrator of her estate. She did not have insurance to pay off her house, so he wants use all the money to pay of the house. Can he do that without our permission? My sister and I think that if he wants to continue living there he should use his portion to pay it off. He has already took her car which is fine with us, but we do not think we should have to use our portion of the money to buy him a place to live. Thank you for your help.
1 Answer from Attorneys
Re: mother had no will
Yes, I agree with you. You do not have to legally pay off her house, in fact, you should be getting your portion of the equity in the house. I would recommend that you sell the house. Your brother may wish to purchase it, and you may want to "cut" his a family deal, but that's within the family. In any event, he should be paying rent to live there. I would hope that he's at least paying the house payment, insurance, etc.
In any event, I would not use the proceeds from the 401-K for his benefit. If he likes, he should take his and use it for the down payment.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
