Legal Question in Wills and Trusts in Georgia

without a will, what are my rights as only child

my dad is terminally ill, he is remarried as of 2 years, no will, his wife has survivors rights on house and supposedly been changed as beneficiary in past couple months. as his only child what rights do i have involving his inheritance?


Asked on 6/13/01, 2:29 pm

1 Answer from Attorneys

Hugh Wood Wood & Meredith

Re: without a will, what are my rights as only child

From the way you pose the question, it sounds like you are kind of out of luck. However, if he dies without a will, then: OCGA 53-2-1

(b) When a decedent died without a will, the following rules shall

determine such decedent's heirs:

(1) Upon the death of an individual who is survived by a spouse

but not by any child or other descendant, the spouse is the sole

heir. If the decedent is also survived by any child or other

descendant, the spouse shall share equally with the children, with

the descendants of any deceased child taking that child's share,

per stirpes; provided, however, that the spouse's portion shall

not be less than a one-third share; ...

You also indicated he changed the beneficary. On any deeds and ins. policy he did this, you are out of luck. There are some arguments on "undue influence," but they are uphill fights. HCW

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Answered on 7/06/01, 6:45 pm


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