Legal Question in Wills and Trusts in Georgia

For the State of Georgia. A couple has been married for 25 years. The man has 2 children from a previous marriage, and a stepdaughter from his current marriage. The couple own their home with no mortgage, with both names on the title. The man passes without a will. His wife is still alive. Who has legal claim to the house? Specifically, do his 2 children from the previous marriage have any claim to the proceeds if the house is sold?

Asked on 2/17/18, 9:54 am

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You'd have to show me the deed. Maybe yes. Maybe no. The deed's language determines if the wife automatically owns it all or if half gets probated. If the latter, she doesn't in the whole thing so she can't sell it and it must be probated. Her share and the children's get determined by whether the estate is settled by administration, years support or both.

The wife and children both need to see a lawyer IMMEDIATELY. There are time deadlines for years support and multiple decisions where the title can get messed up by inaction or the wrong choice.

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Answered on 2/17/18, 10:55 am

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