‘It’s heartbreaking’: My cousin died and her estranged husband has taken possession of her home. Can we evict him?

‘It’s heartbreaking’: My cousin died and her estranged husband has taken possession of her home. Can we evict him? At the time, she was still legally married, although she and her estranged husband were both in separate relationships. Before they married, she had purchased a home that had gone into foreclosure, using her own money. She bought the home for $59,000, and the estimated market value is now between $255,000 and $290,000. She never allowed her husband to make a single payment because she wanted to ensure the house would belong to her two boys. The day we learned she had passed away, her husband immediately moved back into the home. He didn’t even know how to pay the bills until my aunt helped him with the information. Later, he became the executor of my cousin’s estate and continued living in the home with the three boys — my cousin’s elder son, his own son and the son they had together. My cousin did not leave a will. My aunt was named the beneficiary of her life insurance, while her husband automatically inherited her 401(k). Ownership of the house is currently divided equally: 33% belongs to him, 33% to her elder son and 33% to the son they had together. ‘He was getting Social Security for all three boys at one point, even after he kicked the oldest one out. I tried reporting him.’ After her passing, we found disturbing things on her phone — photos of injuries and messages showing he had been abusive and manipulative. He refused to agree to a divorce and intentionally made her life difficult, knowing she couldn’t afford to get a divorce. When she died, he hadn’t lived in the home for two years. It’s heartbreaking that he was able to move right back into her home and claim part ownership. The house remains in her name. He has since kicked out each of the boys one by one — first her elder son, then his own son and most recently the youngest, who is only 13. Child protective services are now involved, and her two boys are currently with us. He was getting Social Security for all three boys at one point, even after he kicked the eldest one out. I tried reporting him twice. He was supposed to give my aunt the money from the eldest since he wasn’t living with him, but he wasn’t consistent. ‘It’s painful knowing that someone who caused her so much harm now benefits from what she worked so hard for.’ The eldest boy has since turned 18. The youngest has been with us for two months, and the father has claimed benefits for those months. He admitted to the judge that the money is being used to pay the mortgage. She said it’s for the 13-year-old’s needs, not his mortgage. He responded with, “There goes the house,” insinuating that he’s going to lose it. The mortgage is only $400 a month, but he doesn’t have a job. Once the court finalizes custody of the 13-year-old, my aunt plans to request that the husband be required to sell the house and distribute the proceeds to my cousin’s two boys. The living conditions in the home were unacceptable — the electricity was disconnected, the youngest child missed a significant amount of school and there are reports of physical aggression. He refused to cooperate when child protective services came to the door. It’s likely he will face legal consequences at the next court hearing. It’s painful knowing that someone who caused my cousin so much harm now benefits from what she worked so hard for. The home is currently in terrible condition. I would like to know: Is it possible to make the husband sell the property, given the ownership division and his role as executor? What legal steps can be taken to protect the children’s financial interests in the home? Could his neglectful or abusive behavior affect his ownership or his right to remain in the property? We live in Georgia. Any guidance or next steps would be greatly appreciated. Related: ‘I’m in a financial mess’: My income was cut in half. Do I sell my $600K home and kiss my 2.9% mortgage rate goodbye? You can email The Moneyist with any financial and ethical questions at qfottrell@marketwatch.com. The Moneyist regrets he cannot reply to questions individually. Divorce is one thing. Predeceasing your spouse is quite another. With no will, your cousin’s probate estate is divided according to Georgia’s intestacy laws. If a person dies without a will in Georgia, their estate is divided between their spouse and children — with one-third going to the spouse. Even if she and her husband were legally separated, they were still married and those intestacy laws still apply. That includes any retirement funds such as IRAs and 401(k)s that don’t have assigned beneficiaries. That said, abuse, neglect, misconduct and/or reckless behavior all play a role in the eyes of the court when evaluating the suitability of an executor, and the use of estate assets, particularly when there are minor children involved. The court could order an estate sale and appoint a “guardian ad litem,” a neutral party charged with investigating and advocating for the best interests of a minor child or incapacitated person in custody and/or estate disputes. He is confusing occupancy with ownership, and exploiting this woman’s absence to take possession of this house. Your late cousin’s estranged husband appears to be confusing occupancy with ownership, and exploiting this woman’s death to take possession of this house. Even if he does legally own one third of this property, that does not mean he has an automatic — or even unlimited — right to live there rent-free. The probate could compel him to pay rent to the estate or require the property to be sold to pay taxes and any outstanding mortgage. “Probate is a court-supervised process of paying debts, closing accounts, and distributing the remaining assets of a person after their death,” says the Georgia Probate Law Group. “During probate, real estate belonging to the deceased will either be sold to pay their debts or transferred to a beneficiary. The process is different depending on whether the estate personal representative wants to sell or transfer and the situation in the estate.” The law firm adds: “To sell the property, the executor or administrator either needs expanded powers that authorize the sale or must file a petition for leave to sell and have it approved by the probate court. This is a significant step and a common area where the estate personal representatives get themselves into trouble. If you have been appointed as an administrator or an executor and need to sell a property, we advise you to consult an experienced probate attorney.” The other problem here, of course, is that your cousin’s estranged husband is, by your account, a bad actor. Assuming he’s still listed as executor or administrator of her estate, he won’t make it easy. Her adult child, with your help, should hire a trust-and-estate attorney and petition the probate court to hire an independent executor. Disagreement about an inherited property is one relatively common reason to file what’s known as a partition action with the state Superior Court in the county where your cousin lived, in order to force a sale. Valid reasons for removing an executor include egregious behavior like stealing from or wasting the assets of the estate, or lack of cooperation with the administration of the estate. Removing an executor can be complicated and costly, but it sounds like it might be necessary in this case. An executor has a fiduciary responsibility to honestly deal with all aspects of the deceased’s estate, including paying creditors and taxes and distributing assets to heirs. They must avoid self-dealing and acting in their own interest. Valid reasons for removing an executor include egregious behavior like stealing from or wasting the estate’s assets. “There goes the house” is an alarming and revealing statement, and one that could come back to haunt him.

Misusing Social Security survivor benefits is a potentially criminal issue. Survivor benefits are designed to provide financial support for a deceased worker’s children and their wellbeing, offering roughly 75% of the deceased parent’s benefits to help with expenses, until the child/children reach 18 or graduate high school. Being a bad father, a Social Security cheat or a grifter who managed to put off divorce long enough to inherit part of his wife’s estate does not necessarily preclude his getting one-third of the property, but it can create serious legal problems. It was your late cousin’s responsibility to make a will, given that she purchased this house before they were married and went to great lengths to ensure that it was never commingled with her marital assets. But litigating the past won’t change the present. He may live there for now, but his days as the current occupant are numbered. Don’t miss: ‘I fear a significant decline in the S&P 500’: Do I sell my tech stocks before it’s too late? Check out the Moneyist private Facebook group, where members help answer life’s thorniest money issues. Post your questions, or weigh in on the latest Moneyist columns. My siblings don’t earn nearly as much as me. Should my parents leave me less money in their will? I’m 83 and will have $500K if I sell my house. My estranged wife wants me to join her in Colombia. Do I go? I’m 53, a single parent with a $1 million home. My boyfriend wants to marry. Am I better off staying single? By emailing your questions to the Moneyist or posting your dilemmas on the Moneyist Facebook group, you agree to have them published anonymously on MarketWatch. Quentin Fottrell is MarketWatch's Managing Editor-Advice Columns and The Moneyist columnist. You can follow him on Twitter @quantanamo. Copyright © 2025 MarketWatch, Inc. All rights reserved.