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Estate management

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smartpuzzler

Junior Member
What is the name of your state (only U.S. law)? GA

These are the facts:

1. An 85 year old man, Tom, died and was married to an 82 year old woman, Joan that lived together on a 40 acre plot of land that the family refers to as a farm (valued at approx $250,000.

2. He left his son, Steve, as the executor of his will.

3. There is another son, Joe, who is mentally ill. But, there is nothing official stating this...only his meds and himself that would say so at this time.

4. Joan is unable to drive, and never paid any bills in her lifetime. They were married for 62 years and Tom always handled everything financially.

5. Joan is not wanting to sell the farm. She wants to live there until she passes away. The family is concerned about this with her having no way to drive. She is physically located in Georgia and we are all in Florida. She is also frail and has heart problems. She takes nitro glycerin daily.

6. Steve is trying to rid of her assets in her name, so if she was to be in a nursing home, she will not lose all Tom had accumulated.

7. Steve wants to put the farm in his name only. (As this was the wish of Tom as well. Tom did not want any assets to end up with Joe's domestic partner and made Steve promise that it would never end up that way.)

So, the question is this:

Can Steve (as executor of Thorpe's estate) put the farm in his name only now? And, if he does, can Joe come back at any time and 'claim a portion of it'? Another possibility is that the domestic partner can claim Joe mentally incompetent and sue for him as well, which is what we are trying to avoid.

FYI...There is also money that Joe would be receiving in the sum of $70,000 (the balance now). Steve would make sure he gets all of that when Joan passes away. It isn't being touched. It is in Joan's will that the two sons split everything 50/50 at that time.
 



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