Bronx, NY asked in Probate for Georgia

Q: My father died a year ago, now my stepmother is dying. Neither had or has a will. The deed was in her name...

They weremarried for 25 years. Will I inherit anything. She has no relatives except a nephew.

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2 Lawyer Answers
Nina Whitehurst
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Answered
  • Probate Lawyer
  • Crossville, TN

A: Most likely, no, you will not inherit anything from your stepmother unless you were adopted by her. Absent a will, your stepmother's estate will go to her next of kin in accordance with the laws of intestate succession in Georgia, which probably means the nephew if he is her nearest relative.

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
Answered
  • Probate Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: You should open your father's estate and hopefully before your step mother dies. Since your father did not have a will, his estate will be divided between your stepmother and your father's children. If you have any siblings, your stepmother will receive 1/3 of your father's estate and the children will receive the other 2/3. You will inherit nothing from your stepmother unless she has a will and leaves you something in her will.

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