Q: In GA if a man dies intestate as joint tenant w/out ros and has one biological child and 2 stepsons who inherits
Father dies in 2018 as joint tenant without ros with mother who died in 2024. Nothing has been filed with probate yet. I am the only biological child and have 2 older half brothers (from mom's previous marriages). Do I inherit half of my fathers interest in the home or is it divided between me and half brothers?
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A:
Joint tenant WITHOUT rights of survivorship is tantamount to a tenant in common which means the owners' ownership interests may vary.
Your facts need to be clarified a little more to answer your question comprehensively. For example, was your dad married to someone other than your mother when he died in 2018? If so, is she still alive? If so, you and his surviving spouse may share equally in the home if the deed is in your dad's name only and he died without a will. If he died without a will and had a spouse when he died, she had 3 years to file for years support after he died which could have given her certain rights and access to the real property. Such time has expired.
Your half brothers are your mother's children and have no legal claim to your biological dad's home.
The answer, therefore, is "it depends".
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