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Estate Debts and Removing Heir from Property

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martha_chevasse

Junior Member
What is the name of your state? Georgia

My father died leaving his estate in equal parts to my brother, my stepmother and me. The only asset of the estate is the home, which had a mortgage of approximately $100K. The will stipulates that my stepmother could live in the home for up to two years following his death, at which time the home would be sold and the assets divided equally. Stepmother is also the executrix of the estate.

We are three months shy of the two-year mark and stepmother shows no indication of planning to leave. We do not have a good relationship since my father's death and have, for the most part, left her alone. However, I'd like to know what options we have should she, indeed, decide to stay... what the process is for having her removed from the home and the general timeframe it would take. Also, if she refuses to list the house at that time what can we, as heirs, do. Can we petition to have her removed as executrix if she violates the will at that point?

Additionally, she threatened at one point to allow the home to go into foreclosure if my brother and I did not pay the mortgage. We drafted a document that said we would pay it if we could list the home for sale at that time. She declined and secured a personal loan to cover the mortgage and her living expenses in the home for the past year or so. Is the estate responsible for any of her fees, interest, etc., related to that loan or simply the balance on the mortgage at the time of his death? She claims that all expenses related to her loan will be deducted from the eventual proceeds before the split, while we feel anything over the $100K is her personal responsibility to be paid back from her portion of the estate.

We do have a probate lawyer whom we consulted, but before we return to him I'd like to have an idea if the process involved is worth the money it would take to handle it, or if we should just let it ride for as long as she chooses to stay there.
 


martha_chevasse

Junior Member
Thank you. Yes, I'm aware it's my choice.

The question was related to what is the process involved in kicking someone out. Does it take a week or three months? Do I walk up to the door, grab her arm and throw her in the street and have a locksmith standing there to change the locks or file a specific set of papers. Since I would guess the latter and not the former, any insight into that process and a timeline?
 

seniorjudge

Senior Member
Q: The question was related to what is the process involved in kicking someone out. Does it take a week or three months?

A: As I said before, get a lawyer and kick her out; it will take a minimum of three months.



Q: Do I walk up to the door, grab her arm and throw her in the street and have a locksmith standing there to change the locks or file a specific set of papers. Since I would guess the latter and not the former, any insight into that process and a timeline?

A: I don't believe I'd get physical about this!
 
A Little Different Twist But Need Help

I am in Missouri.
A similar situation, but not exactly. The home of my deceased father-in-law is free and clear. Before he married about 20 years ago, the had an antenuptial prepared that gave his widow two years to live in the home. His natural children were to receive the home.
It is worth about $250,000 and would make a great tear-down. Both signed the antenuptial and his wife excluded any property that she would inherit (from death of her parents) and my father-in-law excluded any property owned by his business.

When my fatherinlaw passed last year, the will says that his wife may live there as long as she wishes, but must pay taxes, pay for the homeowner's insurance as directed by his children and any mortages or deeds due. The stepmother's attorney has advised her that this is a "life-estate" and she can stay as long as she lives. There are horrible feelings between his kids and his widow.

They have asked if they can take a moartgage out on the house for improvements and updates (houise is 40 years old) and would the stepmother then be required to pay fot the home (equity) improvement loan also? This situation is exacerbated by the fact that the stepmother has been disposing of estate (non-marital) property for over a year and refuses to give the administrator (the son) the opportunity to inventory the property of the estate.

Two attorneys, no visible work product and $10,000 later, I am asking for some help for my wife and her brother, deceased's natural children from first marriage.

Thanks!

Mike
 

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