Legal Question in Wills and Trusts in Georgia

Do adult children from a previous marriage have any legal property entitlement when spouse dies without a will? The second wife is still living.


Asked on 1/16/10, 1:18 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Maybe, maybe not, depending on a great deal of information you failed to post, including what property there is, how it was titled, the number of children, and whether the wife files for years support or does not. In such a situation, an adult child who is interested in the estate needs to act promptly through legal counsel to assert and preserve rights.

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Answered on 1/21/10, 3:41 am
Charles W. Field Charles W. Field, Attorney at Law

As a GENERAL RULE, assuming there are at least two children, they will share two-thirds of the estate and the surviving spouse gets one-third. Consult with a local attorney.

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Answered on 1/21/10, 5:41 am


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