Q: my mom passed away in june 2017 and she didn't have a will, does my step dad and his adult kids get my mom whole inherit
she had $100.000 in her savings acct when she passed away and also has money invested in gold and silver
A: If your mother died without a will, property in her probate estate would pass to her heirs. Her heirs would be her husband and her children who survived her (with the descendants of a child who predeceased her to receive the share of the deceased child). The surviving spouse is entitled to a minimum one-third share (regardless of the number of other heirs). If there is only one surviving child (and no deceased children), the husband and child each would receive a one-half interest. If the account were jointly owned with another person, under Georgia law there would be a presumption that it passed to the surviving owner. If the account were in a pay on death account, it would pass to the beneficiary. You should seek the advice of a probate attorney in connection with this matter.
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