Legal Question in Wills and Trusts in California

Re: Probate

You need to check with a Georgia probate attorney. If you're the mother, I am sorry to hear about your son. I hope his kids are okay.

Re: Probate

The children would inherit the assets, but the mother might want to step forward and petition to be administrator of the estate. She would be entitled to be paid for that role from the estate assets.

Re: Probate

You do need to check Georgia law. In California minor children, whether or not their father and mother were married at any time, take all of the estate as being the off spring of the father's body.

When you contact a Georgia attorney, you need to give him/her all of the relevant facts, including where the children and their mother live, where your son lived, have the children been adopted by anyone, who appears on the birth certificate as the father, was the mother married to someone else at the time, are you a creditor of the estate, etc. You might be able to find out some of the law using the web, but it makes more sense to hire an attorney for a few hundred dollars for a more complete answer. If the death was related to his employment,there may also be a Workers' Compensation death benefit. Ther may also be separate life insurance that names you as beneficary, you may be a joint tenant as to real property the two of you owned, does he have a trust because that is superior to who recovers under a will, did he die because of the fault of another person so there is a third party lawsuit, etc. You definitely need to speak with an attorney.

I am sorry for the intense pain you must be having from losing your child.