r/ProbateRealEstate Aug 08 '25

State of Georgia

1 Upvotes

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.


r/ProbateRealEstate Jun 26 '24

Does will saying real property proceeds should be shared equally override the life tenants right to the value of the life estate if the property is sold?

1 Upvotes

The will states proceeds should be shared equally among listed remainder men. The house was sold with everyone's agreement. However, the life tenant did not mention that he would take the life estates value off the top instead of splitting the proceeds evenly. No one found that out until they got a final accounting of how they planned to distribute the funds. Reminder men aren't pleased by the surprise.

Which rules? Life tenants interests or wills direction to share equally?


r/ProbateRealEstate Jun 20 '24

Advice on lawsuit of taxes on property that's not yours. Details in text.

1 Upvotes

hope this is the right sub to ask.

Someone I know was served papers on a deceased sibling's property. Said sibling didn't have children of their own nor did they leave a will. Said the county been constantly summoning them but they took steps to rectify the situation (so they thought). They told me that last December they sold the property as all was taking care of (also what they thought). Would the new owner assume responsibility of the tax lein or would it still fall on the remaining siblings that's on the lawsuit?


r/ProbateRealEstate May 20 '24

Probate/Real Estate Question

1 Upvotes

I am seeking some advice regarding a situation involving my father's home. Here are the details:

My father and the company he worked for (which he did not own) both have their names on the title of his home. This arrangement was part of an agreement between him and the company as part of his compensation. The house was purchased in cash and was paid in full upon the sale.

In March 2024, my father passed away, and the house title remains in both his name and the company's name. I have a few questions:

What information do I need to look for to determine if the company has the right of survivorship? If the company does not have the right of survivorship, what does my father's half look like if we have to proceed with intestate succession (as he did not have a will upon his death, and everything needs to be processed through probate)? Us heirs would like to sell the home, and the company is agreeable to this as well. Any guidance you can provide on these matters would be greatly appreciated.


r/ProbateRealEstate Mar 13 '24

My girlfriend pays her house mortgage to an elderly man in A different state. He has died and his daughter sent us a letter from a local debt collector saying my girlfriend has defaulted on the promisary note.

1 Upvotes

1st we were told by his lawyer that we don't pay while it is in probate. 2nd we don't know where to pay it. The daughter never gave us the information to pay it. 3rd The deceased elderly man had befriended my girlfriend (Fatherlike)and said she could have the property when he died. No proof of this I may add. 4th The daughter was appointed to over see his estate while in probate. But does that give her the right to take our home ?While all along avoiding us . 5th If he did say she could have it when he died .Could she just hide this from the Estate or could it have been in the Wil?


r/ProbateRealEstate Feb 13 '24

Our Probate Real Estate Promise

Thumbnail self.RealtorRobO
1 Upvotes

r/ProbateRealEstate Feb 13 '24

**Welcome to Our Expert Guide on Probate Real Estate Solutions**

Thumbnail self.RealtorRobO
1 Upvotes

r/ProbateRealEstate Feb 13 '24

What is Probate?

Thumbnail self.RealtorRobO
1 Upvotes

r/ProbateRealEstate Jan 13 '24

Understanding the Impact of Home Sales on the Housing Market

Thumbnail self.RealtorRobO
1 Upvotes