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

UPDATED: Oct 1, 2022

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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,

Asked on February 15, 2018 under Estate Planning, Georgia


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

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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