What are my obligations?

[Margaret2011]

I live in Georgia

My husband passed away without leaving a will (I tried to get him to make one out but he refused). He owned our house before we were married and my name was never added to the deed. When we married he had three children from a prevous marriage and we later had one daughter of our own. All the kids are now grown and married. We were married for 28 years.

In the last few years my husband did many 'home improvement' projects. I think he may have been losing it a little mentally because the projects left the house in worse shape than it was before. There is mismatched flooring thoughout the house, he did things to the walls that were not in keeping with the style of the house, he left somethings undone and tried to do things that he didn't have the skills for so that they need to be redone. I don't think that the hosue is sellable in this condition and in this market. It will take a lot of money to get it in shape to sell.

Since he never put my name on the deed and he left no will I am told that the house belongs to both me, our daughter and his other kids. His oldest son had nothing to do with his father for years and doesn't want anything to do with the estate now. But my other two stepchildren are demanding that I buy their share of the house from them.

I don't have the funds to buy them out. My husband left his life insurance to his youngest son from his first marriage. So I didn't even get those funds.

Do my step children have the right to demand I buy their share? I don't even want to stay in this house, I would like to sell it and move, but as I said I don't even think the house is sellable right now.

What are my legal rights and obligations to this house and my step children? I guess I should add that I am not on the best of terms with my step kids, I consider them to both be gold diggers, they didn't help take care of their father when he was sick and mostly just come around when they want something.

 

[anteater]

Unfortunately, when one dies without a will, the applicable state's intestate succession statutes determine the distribution of the estate. It does not matter that the spouse or the deceased's kids were neglectful or goldiggers or whatever...

Georgia's intestate succession statute states:

(c) Except as provided in subsection (d) of this Code section, when a decedent died without a will, the following rules shall determine such decedent's heirs:

(1) Upon the death of an individual who is survived by a spouse but not by any child or other descendant, the spouse is the sole heir. If the decedent is also survived by any child or other descendant, the spouse shall share equally with the children, with the descendants of any deceased child taking that child's share, per stirpes; provided, however, that the spouse's portion shall not be less than a one-third share;...

Also, you would be entitled to an allowance of "one year's support":

§ 53-3-1. Preference and entitlement

(a) As used in this chapter, the terms "child" or "children" mean any minor child who would be entitled to inherit if the child's parent died intestate.

(b) Among the necessary expenses of administration and to be preferred before all other debts, except as specifically provided otherwise in this chapter, is the provision of year's support for the family.

(c) The surviving spouse and minor children of a testate or intestate decedent are entitled to year's support in the form of property for their support and maintenance for the period of 12 months from the date of the decedent's death.

Do my step children have the right to demand I buy their share?

They can make any demand that they like. Until your husband's estate is probated and they actually have an ownership interest, it is all gumflapping. Once they do have an ownership interest, they can still demand it - and you can ignore them. Their remedy is to petition the court to have the property sold and the proceeds shared among the owners.

I don't even want to stay in this house, I would like to sell it and move, but as I said I don't even think the house is sellable right now.

Since you don't wish to retain the house, I would suggest that you take control of the situation by consulting with and retaining a probate/estate attorney to assist you in opening probate for your husband's estate. Everything is sellable. It's a matter of what price the asset will bring.

 

[Margaret2011]

Thanks for the reply. I was just blown away by the fact that my step kids thought they had the right to demand I buy their share, as if they had the right to demand money from me. My husband did several things I didn't know about, such as leaving the life insurance to my step son, so I don't have a lot of money at my disposal right now, and then that same step son and his sister are trying to get more money from me.

My only problem is that selling the house and dividing the money with anyone won't leave me much to find a new place to live, but I just can't deal with this place right now, so the years support is something I will certainly look into.

Does anyone here know exactly how that works?

 

[anteater]

Just to clarify on the life insurance... Was this an individually-owned policy? Or a group policy through an employer?

Does anyone here know exactly how that works?

Once probate is opened, you petition the court for the year's support.

§ 53-3-5. Filing of petition

(a) Upon the death of any individual leaving an estate solvent or insolvent, the surviving spouse or a guardian or other person acting in behalf of the surviving spouse or in behalf of a minor child may file a petition for year's support in the probate court having jurisdiction over the decedent's estate. If the petition is brought by a guardian acting on behalf of a minor child, no additional guardian ad litem shall be appointed for such minor child unless ordered by the court.

(b) The petition shall set forth, as applicable, the full name of the surviving spouse, the full name and birthdate of each surviving minor child and a schedule of the property, including household furniture, which the petitioner proposes to have set aside. The petition shall fully and accurately describe any real property the petitioner proposes to have set aside with a legal description sufficient under the laws of this state to pass title to the real property.

(c) A petition for year's support shall be filed within 24 months of the date of death of the decedent.

A template of the petition can be found at:

http://www.gaprobate.org/forms/forms10/pdf/10gpcsf10.pdf

 

[Margaret2011]

Just to clarify on the life insurance... Was this an individually-owned policy? Or a group policy through an employer?

/QUOTE]


It was a group policy thru his employer.

 

[anteater]

This isn't an area where I have much knowledge. But, if you have not checked with the employer, I suggest that you do so. There may be some ERISA-related regulations stating that you would have had to waive your right as a spouse so that a non-spouse beneficiary could be named - sort of like with a 401(k).