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A friend of mine just loss possession of a house she was living in to her brother over a will not getting probated here in Cobb county. He won from first will that was written by the mother, leaving all to him though she wrote another for the house to be left to daughter to avoid being homeless. The second will was misplaced and the mother passed away. So for the last year, daughter stayed in home, and the process of going to probate court went up til today. Will never was probated, She's now worried that since he won that he can show up and make her leave at any moment so he can sell the house. Wouldn't the sherrifs have to issue a time frame of departing the house??.
Just some background of her status..
She will have nowhere to go, doesn't have income, due to her health, but has disability case pending in October. She's in her early 50s and was a caregiver to elderly until patients until they past on, but hasn't been able to work last few years. Pretty emotional situation for her. I'm trying to help anyway I can.
A friend of mine just loss possession of a house she was living in to her brother over a will not getting probated here in Cobb county. He won from first will that was written by the mother, leaving all to him though she wrote another for the house to be left to daughter to avoid being homeless. The second will was misplaced and the mother passed away. So for the last year, daughter stayed in home, and the process of going to probate court went up til today. Will never was probated, She's now worried that since he won that he can show up and make her leave at any moment so he can sell the house. Wouldn't the sherrifs have to issue a time frame of departing the house??.
Just some background of her status..
She will have nowhere to go, doesn't have income, due to her health, but has disability case pending in October. She's in her early 50s and was a caregiver to elderly until patients until they past on, but hasn't been able to work last few years. Pretty emotional situation for her. I'm trying to help anyway I can.
The attorney who prepared the 2nd 'misplaced' will should have a copy in their files.
I am not a lawyer, but this situation came up when my aunt died. She had made a will leaving everything to me and my cousin. (She had no children, and her spouse was dead.) The lawyer had a copy, but she had taken the original.
When the original could not be found, the presumption by the court was that she had torn it up. She therefore died intestate.
This may not be true everywhere, but a copy may not be useful.
I am not a lawyer, but this situation came up when my aunt died. She had made a will leaving everything to me and my cousin. (She had no children, and her spouse was dead.) The lawyer had a copy, but she had taken the original.
When the original could not be found, the presumption by the court was that she had torn it up. She therefore died intestate.
This may not be true everywhere, but a copy may not be useful.
Correct, in many States (if not all), a copy is not sufficient. It's a good idea to have two originals, one with the attorney, and the other with the person making the will (do not put it in a safekeeping box though!).
A friend of mine just loss possession of a house she was living in to her brother over a will not getting probated here in Cobb county. He won from first will that was written by the mother, leaving all to him though she wrote another for the house to be left to daughter to avoid being homeless. The second will was misplaced and the mother passed away. So for the last year, daughter stayed in home, and the process of going to probate court went up til today. Will never was probated, She's now worried that since he won that he can show up and make her leave at any moment so he can sell the house. Wouldn't the sherrifs have to issue a time frame of departing the house??.
Just some background of her status..
She will have nowhere to go, doesn't have income, due to her health, but has disability case pending in October. She's in her early 50s and was a caregiver to elderly until patients until they past on, but hasn't been able to work last few years. Pretty emotional situation for her. I'm trying to help anyway I can.
So sorry for your friend. The brother would have to legally evict her because she can prove she's been living there by showing she gets mail at the house. I hope she has an attorney to help her disability case. That's the fastest way to get it. Unfortunately for her, if she doesn't have friends who allow her to stay, she'll have to go to a women's shelter where she can only sleep at. They kick you out during the day.
It could be risky for friends to take her in without having something in writing that it's a short term stay because if she starts getting mail there, legally she's living there, has to be evicted if she won't leave.
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