Legal Question in Wills and Trusts in Georgia
what to do when there is no will left but there is assets
My father died a few years ago and my stepmother took over the business then she died a few more years later, he didn't leave a will but there is property and an escrow account involved. My father and my stepmother had 4 children but I was conceived out of wedlock before they were born, am I entitled to equal assets? I don't have the same last name as my father and the 4 other children. Although my father's name appears on my birth certificate my half sister wants me to take a blood test to ensure that I am my father's child and she said without it I can't get of his assets. I am more hurt than anything because I am now being question about my paternity after all these years that I grow up with them, I want them to be fair about this and before I seek legal confirmation I would like some insight about what I should do. And would I have to contact a lawyer in the state I reside in or the state where this case is beginning discussed.
2 Answers from Attorneys
Re: what to do when there is no will left but there is assets
If the assets are in Georgia you should contact a Georgia attorney to help with this.
Re: what to do when there is no will left but there is assets
You have not made clear where your father and
stepmother lived at their death. Their estate
will be governed by the laws of the state where
they lived.
Also, it is not clear to me from this whether all
of your father's property went entirely to your
stepmother at your father's death, so that the
question is governed by your stepmother's estate.
That may depend upon the law of the State. Under
Virginia law, I believe the children should have
received and divided 1/3rd to 1/2 at your
father's death, and technically you still own
that, with the rest going to the stepmother until
her death.
I am also confused by why you call her your
stepmother but say you were conceived before the
marriage. That relationship isn't clear.
Assuming that you are in line to receive an
inheritance from your stepmother, however, you
would be treated exactly the same as a child
born in wedlock.
THe question is NOT whether you were born out of
wedlock, but WHOSE child you are and what the
inheritance rules are in that State.
It used to be that children born out of wedlock
were excluded unless the will explicitly included
them, or perhaps the parent expressed a clear,
unambiguous desire to include them.
That rule has been reversed in every state in
America, to the best of my knowledge. The
default rule now is that ALL children are treated
the same whether they are adopted or born out of
wedlock, or whatever.
Only if the will specifically says that children
are excluded, is it so. Here, there is no will.
However, regardless of whether a child is born
in or out of wedlock, adopted or natural, the
more important question is what are the NORMAL
inheritance rights in this situation.
That you really need to check into under the laws
of the State involved... and I"m not sure which
State that is.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
