Legal Question in Wills and Trusts in Georgia

Father died intestate; children not notified

My sister and I recently found out our estranged father died last year. We were never contacted and while obtaining a copy of his death certificate, asked if any probate papers had been filed. We found he had died intestate, and his second wife had filed a petition for a year's support, only listing her two adult children as heirs to the estate. She is certainly aware of the two of us -- so didn't she have a legal obligation to list us as well? Since we weren't notified and couldn't object, do we have any recourse now? And what are our rights concerning his estate? Also, he never made any ordered alimony or child support payments. Is there a statute of limitations on child support recovery in Georgia? Can these be awarded in probate court?


Asked on 8/08/01, 1:34 am

1 Answer from Attorneys
Hugh Wood Wood & Meredith

Re: Father died intestate; children not notified

If you want to pursue it, I think his 2nd wife has a problem. OCGA 53-2-1, states in part:

(b) When a decedent died without a will, the following rules shall

determine such decedent's heirs:

(1) Upon the death of an individual who is survived by a spouse

but not by any child or other descendant, the spouse is the sole

heir. If the decedent is also survived by any child or other

descendant, the spouse shall share equally with the children, with

the descendants of any deceased child taking that child's share,

per stirpes; provided, however, that the spouse's portion shall

not be less than a one-third share; END. Now under the facts, you stated, it would appear that you and your sister "own" or have a claim to 66.66% of the estate. If an appointed administrator mismanages an estate, either you can go against her Bond (there probably is no bond) or sue her personally for the money. You need to go hire probate lawyer in the county where the estate is located. HCW

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Answered on 8/08/01, 1:13 pm


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