Dad Passed Away...

[Erin30]

My father died in Georgia without a will. He owns 2/3 of my grandparents home, and an aunt owns 1/3. When my grandmother passed she left the home to my Dad, my uncle, and my aunt. My uncle agreed to sign over his part to my dad if he would move in, and help take care of my aunt who has mental issues. They set it up this way so that my step mother couldn't sell it and run. There is also a trust that says my Aunt is to live in the home until the day she dies. My Step mother is selling chandeliers, other fixtures, personal possessions that belong to the home, does she have that right being that there is another owner to the house? Also, she is saying that when the house is signed over to her, she is selling it, and moving. From what i've read, Intestate laws say that the children of the deceased, and the spouse get equal shares. Where is my share? Also, the roof is having some issues...My step mother says she is getting the insurance check, cashing it, and not fixing anything. The check is in my dads name. She is not on the house deed...and she is not listed on the insurance. How can she do that?

 

[army judge]

She's doing whatever it is she's doing because none of the other owners are doing anything to stop her.

You're not an owner.

You say some of the property is in a trust.
Unless you're a beneficiary to the trust, you won't ever know what's in the trust.

Intestate only applies if a person dies without a will, a trust, or other estate planning.

If you see things that disturb or unnerve you, discuss them with one of the owners you respect.

 

[Michael Wechsler]

I've read something different about the Georgia law regarding intestate succession although children should be entitled to a share. We don't know how the trust is set up and whether it has any bearing upon distribution of property. This is not a simple matter.

But @army judge has made the most important point, which is that right now you don't have control over anything. Let's assume there is a trust but that distribution of the estate and the property is separate (for example, the distribution of assets not covered by the trust). The estate would need to go into probate and an executor placed in charge of distribution of assets. This is a civil matter and it's not simple. If the assets in the estate are of a reasonably large size you might be able to get a trusts and estates attorney to help, potentially on some contingency fee in order to recover the assets. You may also be able to sue later but the longer you wait, the more difficult it becomes. Unfortunately intestate matters are difficult, complicated and create much delay. An attorney can help prevent the looting of the estate but it does come at a cost. Good luck to you.