Q: Is a new wife entitled to property obtained before the marriage now that my father has died?
My father bought house solely in his name 2013. Remarried 2015. Died 2017. My sister and I are his only children.
A: The first question is whether your father had a will. If he had a will, one would have to examine the will to determine what it provides. If he did not have a will, he would be said to die "intestate" and the property is his probate estate would pass to his heirs. In Georgia, if a person has a wife and children when he dies, his heirs would be his wife and his children who survived him, and descendants of any child who predeceased him. In Georgia, a surviving spouse has certain rights which might affect how property otherwise would be distributed. You should consult with a probate attorney in connection with this matter.
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