Legal Question in Wills and Trusts in Georgia

Unfortunately, nobody here has seen the will and you do not provide any relevant details. While you are in Georgia, it will matter where your father lived at the time of his death for that is the law which will govern.

From your rather sparse post, I deduce that your father did a do-it-yourself will which may or may not be valid depending on where it was made and whether it was properly witnessed and notarized under state law of the place where he lived. Since this was a homemade jobbie, it most likely provided that all was left to the current wifey-poo (your e-ville stepmother) and if she did not survive then to your siblings. I also deduce that some act of medical malpractice occurred which may have led to your father's death, causing e-ville stepmother to hire expensive attorney to sue the pants off doctor and a settlement was reached. And now your question is who gets the money.

The answer is it depends. Did the medical practice result in the death of the deceased? The estate of your father has a claim for things like medical and funeral expenses and pain and suffering. However, the surviving spouse and/or children have a right to bring an action for wrongful death and can recover for the value of the life of the deceased. Generally, wrongful death proceeds are not probate assets but would go to the person who brought the action. The medical, funeral and other expenses are a probate asset and would get distributed under the will.

I suggest that the wrongful death/probate lawyer(s) should determine how much money is recoverable by the estate and how much goes to the spouse for wrongful death. They ought to sit down and explain all of this. If you are an heir/beneficiary of the estate then your share would be equal to whatever net assets you get under the will. If you are still unclear, then you will have to pay for a consult with your own probate attorney who can review everything and advise you as to what you are entitled to recover under the will. Depending on how the will was drafted or if its even valid, you may be entitled to more or less under the intestacy laws if a partial or complete intestacy results. Of course, you will need an attorney who practices in the county/state where your father lived at the time of his death. My answers are premised on Georgia's laws - if your father lived elsewhere answer could be different.