Legal Question in Wills and Trusts in California
My 3 children(all over the age of 18) live in georgia. Their father remarried, lives in california and has an baby. He owns a business and a home in georgia. What would happen if he dies without a will? Would his wife be entitle to his estate? Would be difficult for my children to go to court and fight for any of it, when they have an underage half sister?
Thank you very much
2 Answers from Attorneys
There are too many unknowns to tell you clearly. If the property in Georgia is placed in a trust, the property will pass by the terms of the trust. If it is held in joint tenancy, it will become the property of the surviving joint tenant. There are also rules of intestate succession, which may differ between California and Georgia.
Mr Raoch has provided good advice to you. However, if you have a divorce decree covering the division of properties, and maybe imposing duties to be carried out by the former husband, as to future property rights devolving to your children, then you may want to re examine the document with a family lawyer, and possibly obtain a certified copy and have the document recorded in thecounty where the property is located, so as to impose a lien on the property.
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