Q: My father passed away without a will in the state of Georgia
My father passed away without a will in the state of Georgia. He had gotten married 5-6 months prior to his death. He has 4 kids. He had some things at his wife’s home, but had two storage units full of family things and items. She has been accessing & going through these storage units and will not tell me or my siblings when she is there so that we can also go through and claim items. Can she legally be accessing the units especially without his children there? Also if she has removed money from his bank account what can be done about this?
UPDATED TO ADD:
Her name is not on the storage unit or any of his accounts.
A: She can access any accounts on which her name appears. Likewise, she can access the units if her name is on the storage unit rental. If it is not, you can send the storage facility a copy of his death certificate and ask them to restrict access until an Administrator is appointed. You and your siblings should file to have one of you appointed as administrator of the estate. The spouse will be entitled to 1/3 of the estate plus any accounts on which her name appeared plus an amount for year's support if she seeks it.
Homer P Jordan IV agrees with this answer
A: I agree with my colleague, she will have access to those things where her name appears on them. You should consider seeking an attorney who can review the facts of this case in detail and help you plan the proper course of action. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
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