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Curious about disposition of a piece of property in Georgia…

Customer Question
Curious about disposition of...

Curious about disposition of a piece of property in Georgia that was willed to three individuals (widow, and two children from a previous marriage). Deed of Assent titles it as JTWROS. Widow has lived in the house rent-free for seven years, and has paid taxes, insurance, upkeep, etc. but is looking to sell, and expects reimbursement for those expenses. Is she entitled to such?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Georgia

Lawyer's Assistant: Has anything been filed or reported?

Filed or reported? like?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, I suppose not

Submitted: 4 months ago.Category: Estate Law
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Answered in 4 minutes by:
12/13/2017
Estate Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Estate Law
Satisfied Customers: 10,297
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Estate Lawyer: Legal Eagle, Lawyer replied 4 months ago

Thank you very much for your patience. The answer to your question is no. Generally, if a party is a joint tenant with a right of survivorshiop, this means that they have equal access to the property and upon its sale shall get whatever share in the property they own. Any of the parties may live on the property at any time or rent out the property at any time. A party that is renting out the property is entitled to the rents from the property and does not have to share. If a party makes improvements on the property, they may be allowed some reimbursement, but only if it raises the land value substantially. If a person is paying the taxes and insurance on the property and is living on the property, they are not ordinarily entitled to any kind of reimbursement. Accordingly, if the widow is living in the house and is paying for everything, she's not entitled to reimbursement.

What other questions did you have for me today?

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Customer reply replied 4 months ago
Would there be any caveat on liability of children from a previous marriage if the deceased life insurance proceeds (payable to the widow)
were used to pay off the mortgage on the property?
Estate Lawyer: Legal Eagle, Lawyer replied 4 months ago

Hi, I'm wondering if you could clarify for me a bit. So, children from a previous marriage's life insurance proceeds were used to pay off the mortgage on the property, correct? And you're wondering if that plays into your situation at all?

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Customer reply replied 4 months ago
No, life insurance policy held by the deceased was paid to his widow, the beneficiary of the policy. The life insurance policy proceeds were used to pay off the mortgage on the property bequeathed to widow, and two children from a previous marriage.
Estate Lawyer: Legal Eagle, Lawyer replied 4 months ago

I see what you mean. Ok, no that won't make a difference as to the source of the funds. As a joint owner, she could have chosen to pay off the mortgage or buy a boat. Regardless, she's not entitled to any reimbursement for it.

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Estate Lawyer: Legal Eagle, Lawyer replied 4 months ago

Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further before you rated. If you have any other questions or if there is anything else I can assist you with today. Please reply here and let me know.

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