> > From: "Dee Thompson" <d7777@worldnet.att.net> > Date: 2004/06/21 Mon PM 12:07:56 EDT > To: GA-ROOTS-L@rootsweb.com > Subject: Re: [GA-Roots] Question re Guardianship and Estate Sales > > Claudia, > The probate court can require that everything be sold and the proceeds > become part of the estate. Usually that is required by an > administrator when the family cannot reach an agreement as to who gets > what. > Dee > For details on the reference sources used for lookups, refer to this > link: > http://www.rootsweb.com/~ncbladen/lookups.htm > ----- Original Message ----- > From: <CannadyGal1@aol.com> > To: <GA-ROOTS-L@rootsweb.com> > Sent: Monday, June 21, 2004 12:00 PM > Subject: [GA-Roots] Question re Guardianship and Estate Sales > > > I have a similiar question. Why did they have estate sales > in which you see the family and neighbors purchasing items > BUT you also see the WIDOW buying back household belongings? > I know it was not to pay off debts as one relative had a very large > estate. > And the widow had to apply to be guardian of her own children??? > thanks for any help, > claudia > > > ==== GA-ROOTS Mailing List ==== > Faye Dyess fdy@comcast.net Listmanager > Thou shalt read thine own message thrice before thou sendest it. > GA Volunteer > lookups:http://www.usgennet.org/usa/ga/state/volunteer.html > > > > > ==== GA-ROOTS Mailing List ==== > Faye Dyess fdy@comcast.net Listmanager > Thou shalt not rely on the privacy of e-mail, especially from work. > GA Volunteer lookups:http://www.usgennet.org/usa/ga/state/volunteer.html > In those instances in which the deceased husband left no will and there is more than one legal heir and the legal heirs cannot agree on a division of the estates property, then the law requires that all assets left by the deceased be sold and the proceeds divided equally among the legal heirs. This is still the law today. Same scenario if the wife died without a will and had owned property in her own right. In the event of no will, legal heirs, including the widow, often bid on the assets. The money they paid was put into a fund controlled by the administrator with the court as "overseer". Because there was no will and all property legally belonged to the husband, this was the only way that a widow could keep any of the property, including even her bed clothes. That is unless she owned property in her own right, which was probably something she had inherited or which was given to her directly. Same with other legal heirs. By law, the father was the only legal parent/guardian of his and his wife's children. The wife had no legal standing regarding her own children until she applied for and the court granted her guardianship of her and her deceased husband's children. And that's just the way of the law was carried over from England. Hope this helps a little. Jimmy