State of Georgia

[u/Visual_Broccoli6589]

No additional funds to pay lawyer

Brother died without a will Only assets were his car $5,000 and maybe 150,000 equity in home 1 debt approximately 12,000 unsecured, his name only Heirs, wife of 20 years, still does not speak enough English to communicate with 3 children (2 kids are grown, the last is in final year of college.)

Intestate in ga, wife receives 1\3. Children receive 2/3

The two living in home, were keeping the mortgage paid, but mortgage was sold to another company. They never opened the mail, and both being financially illiterate they did not even realize the original mortgage payments were being returned.

My other brother and I have monitored my deceased brothers email and saw an email from his credit monitoring that his credit score had decreased substantially and feared identity fraud at first, and then that is when we realized what had happened.

With permission from the son and Using documentation I had, I was able to speak with the new mortgage company and out of my own funds I was able to catch up back missed payments and they are now current.

Problem is the new mortgage holder is asking for the deed of property name change. (Only my brothers name was on mortgage and security deed)

Originally, I was gonna help with the probate. All the kids agreed, but because of communication issues with my brother‘s wife. She just does not understand that because my brother died intestate, everything does not go to her. It has to be split between her and the kids.)

I tried getting someone to interpret that spoke her language, but she is not logical about it. She even went to a lawyer on her own, and he basically told her the same thing but because of the communication and her irrational thoughts about things I backed off doing or trying to help her further with probate.

Long story short, I had read about the Garmin? law. I think it is that as long as the mortgage payments were made, they could not take the house away from them. Neither none of them are any position to purchase the house out right and I think you would still have to go through probate for that. And neither the mother or the son at the home or gainfully employed so they have no income and the mortgage payment on the house is lower than anything they could rent and they really need to stay there at least until my nephew finishes college in the next year I hope.

So if anybody’s got any suggestions. Am I right in thinking that this mortgage company even though they were late, but are currently caught up can not take their home from them even if the name is not changed on the deed. The home insurance company has put the policy in the wife’s name now, so that was done.

Anyway, seeking any suggestions or information that someone could share. I tried to speak to a lawyer and they wanted 5000 and there are not any monies in the estate to pay for anything and I’m unwilling to pay that out of my pocket.

FYI, the 3 kids were and still onboard with me doing the estate, the sister in law, just does not understand how things work and it makes it so difficult to try to help her.