Asked in Probate for Georgia

Q: My married son died. Then I found out they had been separated for 6 months. In Georgia can I contest property

This is in Georgia. I think she had a live in boyfriend

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1 Lawyer Answer
Seth Meyerson
Seth Meyerson
  • Probate Lawyer
  • Senoia, GA
  • Licensed in Georgia

A: I'm sorry for your loss. Regarding your question, it may be possible to contest the distribution of property depending on the specific circumstances of your son's estate and the laws of Georgia.

In Georgia, when a person dies without a will (intestate), their property is distributed to their heirs according to the state's laws of intestacy. The surviving spouse is entitled to a share of the estate.

However, if your son has a will, the distribution of his property will be governed by the terms of the will. If you believe that the will is invalid or that it does not accurately reflect your son's wishes, you may be able to contest it. You may want to consult with an attorney who specializes in probate law to help you determine the best course of action.

It's also worth noting that the existence of a live-in boyfriend may not necessarily impact the distribution of your son's property, as the laws of intestacy and the terms of a will prioritize family members over unrelated individuals.

Again, I'm sorry for your loss, and I hope this information is helpful.

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