Legal Question in Wills and Trusts in Georgia
Intestate, Step mom, 3 Children
My father recently died without a will. He has three children including myself. He is recently remarried.My step-mother has begun to sell items in a home in which he is the only one on the deed. He also has a pension. Does his new wife inherit everything or do my brothers and I have any rights to to his personal property, realty and pension? Thanks.
2 Answers from Attorneys
Re: Intestate, Step mom, 3 Children
stepmother and children share the estate equally. She has no right to dispose of your father's property without your consent, and is liable to his estate for the proceeds of anything she does sell.
I would advise you to consult an attorney to initiate proper administration of the estate.
Re: Intestate, Step mom, 3 Children
Unless she files for years support, the wife gets 1/4 of the estate, and each child gets 1/4. It is extremely important that one of the children get a lawyer immediately to deal with this. (The pension question is unanswerable without more information).
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