Legal Question in Wills and Trusts in Georgia

My son died with no will and was unmarried . Ga law states that the oldest child inherits estate. A grown man in CA with whom he never had a relationship has been proven to be his biological son. There has never been a father son relationship or any relationship for that matter other than a few phone calls the last few months of his life. Some other man is listed as the father on the birth certificate. Is there any chance that he will not receive the proceeds from the estate? A temporary administrator has been appointed but he's an ass and will not respond to me. This has been going on for over a year There is about 30K in a retirement account, two motorcycles that are p[aid for and a ss disability claim that has yet to be ruled on but will provided about two years back pay if awarded

Asked on 7/07/18, 2:24 am

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You are completely in error. Georgia law does NOT state the oldest child gets the estate. Creditors and taxes come first, then ALL the children, assuming all are adults, have equal rights (if any are minors they have additional rights, so you have it potentially 100% backwards). It is completely irrelevant if father and son ever talked to each other, etc. Where paternity is in dispute, that raises more questions, as you may have DNA testing, and other questions as to legitimization and paternity where the outcome of the case is NOT predictable.

The administrator has NO reason to talk to you as you are not, in this fact pattern, an heir at all. So yes, you should expect to be ignored as you're not a party in the case. BTW, his retirement plans should have named beneficiaries and are NOT part of the estate; they go to the beneficiaries without probate. The disability claim and motorcycles will go to his children, after expenses of the estate, debts and taxes are paid. And you wil not get notice of that.

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Answered on 7/19/18, 9:23 am

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