How can my siblings and I get my stepfather out of my mother’s house now that she’s passed away?

UPDATED: May 13, 2012

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How can my siblings and I get my stepfather out of my mother’s house now that she’s passed away?

My mother passed away almost a month ago. She had no Will or life insurance policy to our knowledge. She purchased her home 11 years ago and refinanced twice. She married my stepdad 5 years ago. His name is on the homeowner’s insurance but not on the deed. From what I understand, he has 1/3 interest in her estate, and my siblings and I have the remaining 2/3. Is there a way we can legally get him out of her home? Also, what exactly does “interest in her estate” mean? Is that something we all inherit? I assume the homeowner’s insurance will be paying off her mortgage.

Asked on May 13, 2012 under Estate Planning, Georgia


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

Answered 10 years ago | Contributor

I am so sorry for your loss.  You should really seek help from an attorney here. If she had no Will then the intestacy statutes apply as toa spousal right of election against the estate (which is what I am assuming you mean by the 1/3 here).  It means that he is entitled to 1/3 of her estate minus taxes, debts, etc., paid on her behalf.  That is the same for all of you.  Do not assume that the insurance will pay off the mortgage.  That is a speacial type of insurance not a regular homeowners policy.  Some one needs to be appointed as the Personal Representative and get things moving.  You probably can not kick him out but you may be able to ask for rent.  Good luck.   

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