Legal Question in Family Law in Georgia

Your son needs to hire an attorney to open a probate matter. He should have moved forward to protect his rights within months after his father died. What county did the father live before he died?

In any event, if your son needs additional information, please contact me. My contact information is available by clicking my name.

Why did he wait two years? In some cases that delay matters.

I partially disagree with Paula.

Insurance and 401K money goes to the beneficiary. If she received that it was because she was the beneficiary. So he cannot get that.

As for the house, the wife gets it if any of the following are true: (1) he and she owned it as joint tenants [she gets it automatically then], (2) she filed for Years Support and your son failed to object [she also gets it then] or (3) she was left it by will. If none of those three are true, then he needs to see a lawyer. In that case, give me a call.

If there is no will, assets are divided between the spouse and all the biological children or child of the deceased. Intestacy law govens what they will get. It will depend on how the house was owned. Was the step-mother's name on it also as a joint tenant wtih right of survivorship or tenant in common or not alt all? Are their other biological or adopted children? The answers will decide if your son gets anything or nothing or part of something. Insurance and 401(k), as noted by Attorney Ashman, are beneficiary designated assets. The named beneficiary gets them and if it is anyone other than your son, then he is out of luck.

Only a probate attorney can assist your son. The attorney will also have to see if an estate was ever opened in the county where the deceased resided at the time of is death, as that may determine whether your son can object or not.