Having her on the mortgage simply means that your sister-in-law also owes on the debt. A further question will clarify any issues of ownership for you or determine your next steps in administering the estate: Whose name is on the Deed?

Various scenarios could exist. Here are a few:

• If your husband's is the only name on the Deed, and his estate is currently in probate, the court will determine who owns the property and have it retitled to reflect the court's ruling.
• If both yours and your husband's names are on the Deed, you may be a Joint Tenant with Right of Survivorship which means you alone might now own the property.
• If your husband's, yours and your sister-in-law's names are all on the Deed, you and your sister-in-law might share ownership by Right of Survivorship or the court's ruling.
• If only your husband's and his sister's names are on the Deed, either she will inherit as the Joint Tenant with Right of Survivorship or you will have to put forth a court claim asking to inherit your husband's share while the estate is in the probate process.

In any case, the probate court will have to make a ruling as to how the property must now be re-titled and then you will know where you stand.

There are several possible results and they all depend upon whose name is on the Deed or Title to the property. With that information, you can determine what your next steps should be, and whether you need a Georgia estate or probate attorney to assist you.

To your success,
Gale Allison, Principal Attorney
The Allison Firm, PLLC
http://www.theallisonfirm.com