QUESTION
At what point can I evict my step father from my mother’s house?
Asked on Jun 18th, 2019 on Wills and Probate - Georgia
More details to this question:
My mom died 6 months ago leaving a Will with me as the sole heir. My mom has a home that she bought 25 years ago. They were married 5 years. Since her passing her husband has not paid a bill and I am the one who pays the mortgage. I will be making the last mortgage payment this month and the house will be paid off. Since my mom did not include him in the will at what point can I evict him? I have my own house but yet I am paying utilities that he uses in her home. I have entered her will into probate and I was confirmed as executor of her will. What authority do I have to evict him? Do I have to wait until probate is over to get the deed in my name?
2 ANSWERS
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You are moving into an area of administration where you can seriously misstep. You need a probate attorney to guide you moving forward.
As for evicting your mother's husband, it is possible. You mention you inherited everything in your mother's will. Was the will created prior to her marriage? If so, it is likely he will inherit 1/2 of her estate as he might be an omitted heir.
Next, as surviving spouse, he has a right to file a petition for year's support. He has 2 years from your mother's death to file the petition
If you are certain he does not inherit and will not be filing a petition for year's support, you must notify him that he must vacate the house and you can then begin the eviction process by filing a dispossessory action against him.
Answered on Jun 19th, 2019 at 5:23 AM
2 Awards
Consult your probate attorney. In some states the surviving spouse has a right to live in the house for life.
Answered on Jun 19th, 2019 at 5:07 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.