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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33791
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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My wifes husband passed away the only thing n the estate was

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My wife's husband passed away the only thing n the estate was a house that she was consigner on . His adult son was made adminastrater over the estate the house is rented she pays the mortgage with the rent but pays the tax and insurance out of our pocket can he take that rent from the house ? We live in Georgia
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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Was your wife on the deed as a joint owner with her ex husband?
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Or was she just a cosigner on the mortgage?
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Did the ex leave a will that left the house to someone?
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Thanks
Barrister
Customer: replied 3 years ago.
She was just the consigner
There was no will
Ok, from a purely legal perspective, if the son is the only child, and there was no will, he would be the only heir to his father's estate. Since this is the case, if he is also appointed administrator that means that he is in charge of any assets in father's estate. The house would be an asset in the estate, so the son would be legally in control of that asset. This legally entitles him to collect any rents from it but also to pay any debts of the estate which include the mortgage and any taxes, insurance, maintenance, etc.
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So to answer your question directly, yes, he as administrator has a legal duty to take control of the house as an asset of the estate and then use the rent to pay any expenses that are associated with its ownership. One of the primary duties of the administrator is to gather all assets, pay all debts and then distribute any surplus to the heirs at law.
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As part of settling the estate, his duty would be to either sell the house to pay off any mortgage or transfer the house to himself and then refinance to pay off the debt and place the mortgage in his name alone. But he can't settle the estate until he can certify that he has paid all the debts of the estate.
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Thanks
Barrister
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