Sevierville, TN asked in Estate Planning and Probate for Georgia

Q: My dad died without a will. He was married to my step mom at the time. How do I get anything of my dads?

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2 Lawyer Answers
Ellaretha Coleman
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Ellaretha Coleman
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: You would need to speak with a probate attorney to discuss your options. Your next steps will greatly depend on the nature of the assets that your father left behind. My condolences on your loss.

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

A: My condolences on your loss. Under GA law, if a person dies without a will, the assets pass equally to the spouse and children with the spouse taking no less than 1/3. You can apply to be named as administrator over the estate. If your stepmother has been named as administrator, you are still entitled to 1/3 of the share of his estate. If you are unsure of the assets your dad had, you should not agree to waive inventory. To ensure your rights are protected you should reach out to an attorney for representation.

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