Legal Question in Wills and Trusts in Georgia
dying without a will
I need to know what the law is in my state when a mother with 3 grown children, who has been married to her 5th husband for only one year dies. She has no will. The life insurance is in 2 of the childrens names. The husband did not work any since the marriage took place and contributed nothing to the household. She worked sick and supported him the whole time. The children paid for the funeral using the life insurance money. Who gets the contents in the house? Do the children get anything in the house. Both names are on the lease. Everything is paid for. Your help would be appreciated. Please advise.
2 Answers from Attorneys
Re: dying without a will
If there is sufficient property to warrant probating the estate, the family needs to get together and file for an administration of the estate in the probate court where the person resided. After an administrator is appointed they can pay all the debts first, then distribute any remaining property that may be in the estate. The property would be distributed according to the laws of the State, after debts are paid. If the Administrator does not follow the laws they may be liable for improper distributions. Real estate distribution laws are different from personal property, so you may need an attorney or advice from the probate court if real estate is involved. Probate is too complicated a process to describe in a few paragraphs.
Re: dying without a will
The life insurance proceeds will go to whoever was named as beneficiary. As to the rest of the property, one-third will go to the husband, with the children sharing the rest equally. Someone needs to apply to the probate court in the county of the mother's residence to be appointed as administrator of the estate. You should consult with a local attorney.
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