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?

Related Topics:
1 Lawyer Answer
John W. Chambers Jr
John W. Chambers Jr
Answered
  • 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.

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.