Legal Question in Civil Rights Law in Georgia

As the oldest child i helped to support my father for years through difficult times on job and then retiring from the railroad industry(graduating from college, not getting into trouble, setting a good example for my younger siblings; helping to keep peace between both my mom and dad). He divorces my mother and remarries for 15 years and dies. Second wife gets the benefits and his house. I have received nothing and I am the only one standing over him as he dies. The second wife has not offered to give me anything. Is there a statue of law in this case that I can receive some type of monetary gift?


Asked on 9/07/10, 12:41 pm

2 Answers from Attorneys

Jack Rosenberg Jack Rosenberg, Attorney at Law

You should consult a probate attorney immediately to determine your rights, whether your father died with or without a will.

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Answered on 9/12/10, 12:57 pm
Paula McGill Attorney at Law

Did he have a will? If not, he died intestate, which means his children get 1/2 of his estate, while his wife gets the other half. Unfortunately, if your father had a will, but didn't consider you in it, you may not be entitled to anything. It's unfortunate that second marriages all too often leave the children from the first marriage without anything.

If you are in the Atlanta metro area, I am available to discuss this matter with you further (770)367-1234. Otherwise, you should seek counsel from an experienced probate lawyer.

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Answered on 9/12/10, 7:03 pm


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