Legal Question in Wills and Trusts in Georgia
If a mother of 4 grown children 30, 28, and twins 21 gets married 3 years ago, and dies without a will, does the husband get to keep all of the belongings of his deceased wife. Prior to the death of his wife, the wife had a house built and purchased all the furnishings. Now the husband will not allow the children to take anything out of the house. Prior to her death, the wife made known of certain things she wanted her children and mother to take. The husband states that regardless to what the wife said, now that she is deceased, everything is his.
2 Answers from Attorneys
He's wrong, but right. What he is doing now is a theft you can stop, if you act quickly, by getting a lawyer and going to probate court. However you could lose in the long run, as he gets a bigger share than any of you, and, if he claims year's support, he might enlarge that share. Regardless, act fast, get a lawyer and you'll likely get part.
It does not matter what wife made known. That is why we have things called wills. The only relevant part you do not mention is if wife had a will. Did she or no? If she had a will then she could have provided for disposition in her will to her children. She obviously did not think to plan ahead. In such case, her husband is entitled to 1/3rd of her probate assets and her children are entitled to 2/3rd. The new husband also gets a year of support, which he has to specifically request.
Your mother was foolish for not making a will and engaging in proper estate planning. Do not compound that error. The children are entitled to 2/3rd of the mother's probate assets but they are not going to get anything unless they get a lawyer who handles probate in the county where the mother lived prior to her death.
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