Austell, GA asked in Estate Planning and Probate for Georgia

Q: What rights do I have as a heir so that everything doesn't go to my half siblings when my step mother passes?

My father died intestate 4/2015. Stepmother barely speaks since he passed. Don't think that everything should go to her children. She will not give any thing to us.

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1 Lawyer Answer
Jammie Taire
Jammie Taire
  • Estate Planning Lawyer
  • Snellville, GA
  • Licensed in Georgia

A: I would like to express my condolences for the loss of your father. From the information you provided, I assume that your Father did not have a will at the time of his death. As such, in GA, his assets would be divided between your step-mother and his children with the step-mother taking no less than 1/3. If there are two children then each of you and the spouse get 1/3. If there are three children - then the three children would split 2/3 and the spouse would get 1/3. Therefore, if no one has probated your Father's estate this would need to be done immediately. Once your step-mom passes, how her assets pass is up to her. If she has a will, it will go according to her will. If she does not have a will, her assets will go to her children. If you do not probate your Father's estate this can make probating of her estate messy and difficult. I would suggest you consult with an attorney for follow-up on this issue.

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