Atlanta, GA asked in Probate for Georgia

Q: Atlanta, ga usa

Father is deceased I am the biological daughter what legal rights do I have to claim what belonged to him in his name.

Related Topics:
1 Lawyer Answer
Rachel Lea Hunter
Rachel Lea Hunter
Answered
  • Estate Planning Lawyer
  • Cary, NC
  • Licensed in Georgia

A: You do not provide enough information. Where did your father live at the time of his death? When did he die? Was he married and was his spouse alive? Did you have any other brothers and sisters? Did he have a will? You indicate that you are the biological daughter. Biology aside - what about paternity? Were you born in or out of wedlock? If you were born out of wedlock, did your father acknowledge paternity in some way or legitimate you?

Different states have different laws. In GA, the rule is that if your parents were not married when you were born, you cannot inherit unless paternity is established (there are time limits to do this after his death) or you were legitimated. If your father lived somewhere else, this may not be the case.

If your father had a will, then his assets will pass as per his will and he may or may not have included you or he might have specifically disinherited you if you were estranged. If he had no will, then you and any surviving spouse would split the assets. If there are other siblings and a surviving spouse then the spouse would inherit 1/3 of the assets and the children 2/3.

Of course, this assumes that there are assets to inherit. What did your father own at the time of his death and how was it titled? Not all assets are probate assets. Things like life insurance, IRAs, annuities, joint checking accounts and land held with right of survivorship will all pass outside of probate to the designated beneficiary which may or may not be you.

What I would do is contact the probate court in the county/state where your father lived at the time of his death and see if any estate was probated. If he died in the last 30 days, there probably is no estate and in that case, you can probate an estate. If an estate was opened, then you want to contact the personal representative. If an estate is closed, it can be reopened but in that case you should speak to a probate lawyer who practices in that county to see about your options.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.