QUESTION
As surviving spouse deceased husband left everything to his daughter. How do i move from my home of 28 years at 60years old
Asked on Oct 05th, 2021 on Wills and Probate - Georgia
More details to this question:
My husband passed 7/26/2021 after 2 wks of his death daughter had done nothing to take care of whatever . as executor she told me nothing . I already new she would get it all but i still never saw a will for almost 6wks after his passing and no communication from her at all. will states i get his love and affection and to his belief at her sole descrection will provide care and welware for his wife. ok so she offers me $5000 and my car . nope . about 2 or 3wks later she offers $15,000 & car . Telling me i get $5,000 actually last week & $10,000 when all insurance claims settled , another week hear nothing I text to ask whats going on. answers with threats saying i never told her i'd accept . no ,cause we were gonna talk more before she went back to her lawyer. threats of eviction threats of placing cameras threats of turning water off . when actually some utilties and my phone have been cut off & my kids helped get them back I have done nothing but take her word about it all cause
2 ANSWERS
Probate Litigation Attorney serving Lawrenceville, GA
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You have multiple answers, some of which will allow you to stay in or even own the home you are in. Please contact an experienced probate attorney to help you with your issues.
Answered on Oct 06th, 2021 at 5:57 AM
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Please accept my condolences on the loss of your husband.
You need to contact an estate litigation attorney as soon as possible. Don't keep waiting.
As your husband's surviving spouse, assuming that he was a Georgia resident at his death and that you never signed a prenuptial agreement waiving your right to a year's support, you have the right to make a claim for a year's support against his estate. That actually means that you could try to take ALL of the estate even though his Will says it goes to his daughter. You do have rights. You have 2 years after his death to make that claim, but you should not keep waiting, because continued delay just gives his daughter longer to take assets and move them where it may be more difficult for you to get them back.
Find an estate litgation attorney (please note: I do NOT handle estate litigation) and get a consultation as soon as possible. The attorney can then find out more about your situation and help you figure out what rights you have and what options you may want to puruse.
Best wishes to you.
Answered on Oct 06th, 2021 at 5:34 AM
This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.