Asked in Estate Planning and Probate for Georgia

Q: My mother committed suicide in November 2019. I need help with how distribution of the estate

she wrote a letter saying she could not find her living will. We have been unsuccessful in finding it as well. She listed where her assets so go. She listed at the end that her current husband (only 9months married) is entitled to nothing and she wants him to get nothing. She has stocks, a car and her own bank account. I understand in Georgia the spouse gets minimum of 1/3 of the estate. Is there any possibility that could change. For instance showing intentions of the relationship were wrong. Him agreeing to less? Or just any other possibility. If not and it has to be the 1/3 should I get an attorney or no because it the law and that’s what we are going to get regardless. She did not have beneficiaries on anything and she had incurred all assets 2 months before they got married. Please help as detailed as possible

Related Topics:
1 Lawyer Answer
Robert W. Hughes Jr.
Robert W. Hughes Jr.
PREMIUM
Answered
  • Estate Planning Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: Because your mother died without a will, there are no considerations given for what she told others she wanted. Nor do her handwritten notes have any bearing on how her estate is to be distributed. You are required to distribute 1/3 of the estate to her spouse and divide the remaining 2/3 among her children. If you are married when you die, the spouse gets 1/3. It does not matter when the assets originated or how he treated her. He could be in jail for beating her, and he would still get 1/3. That is why people create wills. They do not want someone to get something and they sign a will so that person will not get anything.

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.