Cleveland, TN asked in Estate Planning and Probate for Georgia

Q: My stepmother passed away in Nov. 2018 intestate. My father was the sole heir. He passed away in Mar 2018 intestate.

He had not had an opportunity to get the home put into his name as it was in her name only, so does it still become part of his estate as part of his inheritance since he passed 4 months AFTER she did?

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1 Lawyer Answer
John W. Chambers Jr
John W. Chambers Jr
  • Estate Planning Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: You state that your stepmother died intestate (i.e., without a will). You further indicate that your father survived her and was her sole heir. (This would mean that your stepmother did not have any descendants who survived her.) Assuming this to be the case, then your father would inherit her probate estate. Please note that the inheritance would be subject to the Georgia law regarding the obligations of the decedent's personal representative (e.g., the obligation to pay the debts of the decedent and expenses of administration). Assuming that the home was located in Georgia, I recommend that you consult a Georgia probate attorney. This response does not establish an attorney client relationship between you and me, and you should retain the services of a probate attorney.

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