Surviving spouse is disabled and name is not on mortgage or deed

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Surviving spouse is disabled and name is not on mortgage or deed

My home health client is a blind,
disabled woman in her 50s whose
spouse died suddenly two weeks ago.
Unfortunately, her husbands name
was the only one on the mortgage and
the deed to the home. Where does
she stand now legally as far as being
able to stay in her home and/ or what
steps must she take now regarding the
mortgage, probate he had no will,
etc.?

Asked on February 15, 2018 under Estate Planning, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

I am so sorry for her loss.  If her husband died with out a Will that is known as dying "intestate" and the intestacy statutes in the state would apply.  If they have no children then she would inherit everything.  If they have children they would split things equally but she could never get less than 1/3 of the estate assets.  She would need to file a Petition in Probate Court and be appointed as the Personal Representative of the estate.  If her disbaility does not affect her mental abilities then she would be appointed I am sure.  Get some legal help.  Good luck.


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