Legal Question in Real Estate Law in Georgia

Childs right of deceased parents share of estate.

What are my rights to the property of my deceased mother. The property was in both hers and my fathers names. He rcently gotten remarried and I am wondering if I still have any rights to the property now or in the case of his death or does his new wife get everything?


Asked on 3/25/07, 11:37 pm

2 Answers from Attorneys

Robert Thompson J. Robert Thompson Attorney

Re: Childs right of deceased parents share of estate.

If your mother had no will, you may have some rights now. If her will left everything to your father, you have no rights during his lifetime.

Your rights at his death are governed by his will, if he has one at that time. If you have reason to believe that he was not competent to make his will, or that your stepmother exercised duress or undue influence, you have the right to challenge it, but consult an attorney first.

If he has no will, you have a right to a share of his property, except to the extent he and his new wife own property jointly with right of survivorship (she gets that, plus a share of the rest).

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Answered on 3/26/07, 8:05 am
Charles W. Field Charles W. Field, Attorney at Law

Re: Childs right of deceased parents share of estate.

If the property was title in your parents' names as "joint tenants with rights of survivorship, you have no interest; the property automatically goes to your dad. If, not, and if she left a will, that will control. If neither of the above is the case, you do have an interest in the property. Consult with a local attorney.

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Answered on 3/26/07, 10:32 am


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