Legal Question in Wills and Trusts in Georgia
can surviving spouse sell home?
. My mother passed away in 2004, she and my step father made wills at the same time in 1998. Basically stating that if my step father died all would go to my mother and if my mother died everything but certain personal items would go to my step father. ( I am named as Executor in these wills) My step father always told my mother that he would ''have the house until he died'' now he is wanting to sell the house and re-marry. He is 76 and I suspect some foul play in the situation with the new lady friend.This is NOT what my mother had in mind. She would have wanted him to do as he had said. Have the house until death and pass it on to the kids. He was 11 years older than my Mom and my Mom was very very sick the last few years of her life, generally not of sound mind to have written a new will or she just trusted that he would do the right thing. She also worked and contributed to the household during their entire 30 year marriage. Do us kids have any recourse?
1 Answer from Attorneys
Re: can surviving spouse sell home?
You need to have an attorney review the wills. My suspicion is that your step-father is free to do what he wants with the property, unless he has been victimized by fraud or undue influence. Verbal statements by him are not binding.
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