When a Spouse dies does their Will determine what they inherate or does the State?
2 Answers from Attorneys
If there is no will, a person's estate is divided under state law per stirpes. This means that the spouse is an equal heir with the decedent's children, but receives no less than one-third of the estate. There are many factors which determine exactly what goes to whom, and you would need to speak with an attorney to go over all of the facts to be sure. If there is a Will, the estate is divided according to the terms of Will. However, a spouse has the ability to file an action for year's support, regardless of whether or not there is a will, which can be used to obtain enough property for the spouse's support. In many cases, this results in the spouse receiving all of the property of the estate. A minor child can also file for a year's support. Most probate attorney's will give you a free consultation, which would give you clear information based on the facts of the case as to what would happen and what could happen.
The answer to this questions is informational only, and it is not intended to be legal advise. Only an attorney who has met with you and gone over all of the specific facts of your case can give you legal advice upon which you should rely. Follow up questions are welcome via the email below, and our firm offers free consultations via phone or in person. We have convenient offices in Winder, Jefferson, and Gainesville Georgia, and you should feel free to contact our office at (770) 307-4899, via email at [email protected], or through our website: hicksmasseyandgardner.com.
If they have a will, possibly a bit of both as the will AND years support come into play. Since you gave no details, that general answer is all anyone can give.
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