Atlanta, GA asked in Family Law, Probate and Estate Planning for Georgia

Q: My son's father, my ex husband died unexpectedly 1 week ago, he was married again and she has refused to inform my son o

Of any life insurance, will, etc. she has forbidden my son any contact with her and didn't include his opinion on funeral planning. My son is 31, does he have rights to anything.

2 Lawyer Answers
Robert W. Hughes Jr.
PREMIUM
Robert W. Hughes Jr.
Answered
  • Estate Planning Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: Your son is not "entitled" to anything except notice from the probate court when someone attempts to open his estate or files for year's support. He can file his own petition to open an estate for his father.

Seth Meyerson
Seth Meyerson
Answered
  • Estate Planning Lawyer
  • Senoia, GA
  • Licensed in Georgia

A: I'm sorry to hear about your situation. In order to determine your son's rights in this situation, it would be best to consult with an attorney who is knowledgeable about probate law and estate planning in the state of Georgia.

Generally speaking, if your ex-husband had a valid will, the executor named in the will would be responsible for distributing any assets according to the instructions in the will. If he did not have a will, the assets would be distributed according to Georgia's intestacy laws, which provide a hierarchy of heirs who are entitled to inherit.

It's possible that your son may be entitled to a share of his father's assets, depending on the circumstances. However, without more information about the specific details of your ex-husband's estate, it's difficult to provide a more definitive answer.

An attorney can help you navigate the legal process and determine your son's rights in this situation. They can also help you understand any legal options you may have if your son's stepmother is withholding information or assets that your son is entitled to.

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