Milledgeville, GA asked in Estate Planning, Family Law and Probate for Georgia

Q: My mother died. Do the children receive the personal possessions bought prior to her remarriage?

The children are from a prior marriage. The children are grown. There is no will. She lived in Georgia. She remarried about 8 or so years ago. The new husband says that us taking the possessions from prior to their marriage is stealing. I'm not completely positive, but I thought I read that if it was bought prior to the remarriage, it went to the children that came prior to the remarriage and the spouse had inheritance rights to only what was bought after their marriage. I'm not sure, which is why I'm asking. To clarify, the personal possessions are things like china and a table that my father built for my mother.

1 Lawyer Answer

A: Once gifts are given and accepted, the giver retains no fight in the property. The recipient's will dictates how her property passes at her death. Without a will, the spouse of the deceased shares the estate with the decedent's children. Personal property is treated like all other assets. it is divided in accordance with the laws of distribution in GA.

P. Justin Thrailkill agrees with this answer

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