Legal Question in Wills and Trusts in Georgia

my daddy died and he has a wife for the second time my mother was the first but she past and he have been married the second after she died he has value of 90,000 dollars and she has a lawyer and i don't but i know I can win this case without one. Can I?


Asked on 5/09/11, 5:21 pm

3 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

You don't even tell is what the "case" is, so certainly no one can tell if you can win (beyond the fact that your chances are much greater in any case with a lawyer).

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Answered on 5/09/11, 5:23 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Since your post frankly makes no sense, I can tell you that you WILL lose whatever case you may think you have (if you don't have a lawyer), since nothing in your post even mentions any case you have.

Your post sounds like your dad died and he was married to your step mom. What she inherits depends on whether there is a will and on whether she seeks years support. What you may inherit depends on the same thing. Either way, you need to see a lawyer. A lawyer can tell you if you have a case or not. Even if you have a case a delay may mean you forfeit a claim.

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Answered on 5/09/11, 5:53 pm

The post (which I don't understand) suggests that your father died and your father's second wife inherited $90,000 which you would like to get a piece of. The answer is, it depends.

How did this woman receive the money? If it was through a beneficiary designated asset (like an IRA, pension, 401(k) or insurance), then the named beneficiary gets it and you have no right to any portion of it if you are not a named beneficiary.

If the assets passed through your father's estate, what kind of assets were these? How were they titled? And did your father have a will? Land, if owned in your father's and his wife's name as a joint tenancy with right of survivorship, means what it says - it passed to the survivor when one joint tenant dies. If the money was in a joint bank account, it passed automatically to the survivor who is named on the account.

The only way you will get anything is: (1) if your father had a will or trust naming you as a beneficiary; or (2) if your father had no will. In the latter case, the assets are divided between your father's wife and all of your father's children.

Your father's wife will get a spousal allowance off the top and only after all other bills are paid will the remainder be divided. I don't know what all your father owned solely and how much will go to your father's wife.

Your best bet would be to go to a probate attorney in the state and county where your father resided at the time of his death and pay the lawyer to review any will or trust as well as consider the types of assets your father and his wife owned (you must have some idea as you indicated that the wife gets $90,000). The lawyer will then be better able to advise you as to whether you will "win." Going it alone without a lawyer and you are most likely to lose, regardless of whether you think this is a slam dunk case or not.

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Answered on 5/10/11, 8:52 am


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