Legal Question in Wills and Trusts in Georgia

My wife of 18 years passed away but her dad passed away 1.5 years earlier and left the children some money in an account. Since we were married at the time of his death. Am i entitled to her portion of the money.


Asked on 2/24/15, 1:51 pm

1 Answer from Attorneys

I am somewhat confused here. Just to reiterate - your wife's father died about 1.5 years ago, then your wife died more recently, correct?. I am sorry for your loss.

The answer to your question is it depends. Did the father have a will? Was an estate probated for him? Did your wife have a will? Have you sought to probate an estate for her?

If your father-in-law died first, then his assets would go to his surviving spouse and children in equal shares if there was no will and if there was a will then as per his will. I don't know know what assets he had but whatever was left to your wife by will or the intestacy laws would then become part of her estate. In such case, her assets would pass as per her will, if any, or per the intestacy laws of the state where she resided at the time of her death.

If your wife would have died before her father, then that is a different issue and would depend on if the father had a will. If it did, you would need to review the will and see what it said if a child pre-deceased him. If there was no will, then your wife's children would stand to inherit her portion of her father's estate under the anti-lapse statutes.

Read more
Answered on 2/24/15, 9:28 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Georgia