QUESTION

i live 10 hours from Ga where my father passed away 3/2017 he owes a home where my daughter and husband with 2 of my grandchildren live. Upstairs my

Asked on Apr 19th, 2017 on Wills and Probate - Georgia
More details to this question:
Father owes the home bout lived in the basement. My daughter refuses to let me come see where he was living. The will is 33.0 my brother 33.0 to me and 34.0 to his granddaughter my daughter. I want to go stay at my fathers house for a couple of weeks. My daughter is acting in bad faith. By law can I go to my fathers home. Down stairs private entrance
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1 ANSWER

Wills Attorney serving Alpharetta, GA
4 Awards
Please accept my condolences on the loss of your father. If your father was the only owner of the house at the time of his death (that's one thing you may need to check--he may have given it to your daughter if she was living there), then it should have become part of his probate estate, and the Executor of his estate should have the legal right to access it. However, the Will must have first been admitted to probate in order for the Executor to have any rights or powers. In addition, just because you are a beneficiary under the Will and one of your father's heirs does not give you rights to access the house or to stay there. Whoever is appointed as Executor of the Will needs to get it offered for probate as soon as possible, in order to be able to deal with the house. I strongly recommend that person get legal help from an experienced probate attorney.
Answered on Apr 24th, 2017 at 7:25 AM

This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.

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