Legal Question in Wills and Trusts in Georgia
How is property distributed between half brothers?
My father died five years before my mother. I am the only son of my father, however, when my mother married my father she had a son from a previous relationship. My father was his step-father although he never treated us differently. My father did not leave a will and 10 years after his death we discovered that he had property. My mother did not leave a will either. How is the property supposed to be distributed between my half brother and I? Do we both get equal shares since our mom is deceased or am I entitled to receive a little more since the property belongs to my biological father?
2 Answers from Attorneys
Re: How is property distributed between half brothers?
Step-children are NOT heirs. Step-children get zero. For a step-child to inherit, there must be a will.
Re: How is property distributed between half brothers?
You should consult with a local attorney, but, based on what you have stated, I think you should get it all. Your half-brother, being a stepchild, is not entitled to inherit from your father unless your father adopted him.
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