Legal Question in Wills and Trusts in Georgia

Father passed away intestate

My girlfriend's father passed away. He left her a portion of his life insurance policy and a portion of his 401k. He is also survived by his second wife and their son. It was said that in Georgia she is entitled to a third of the entire estate. How do we go about finding out the total value of the estate without asking the new wife? How should we proceed with this matter?


Asked on 5/22/05, 1:13 pm

2 Answers from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

Re: Father passed away intestate

If, as you state, the father passed away intestate, by definition there was no Will. Therefore, the proper procedure is file a Petition to Administer the estate. I would advise against your girlfriend doing this herself. She should at least consult with a local attorney experienced in this area.

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Answered on 5/24/05, 10:51 am
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Father passed away intestate

I would strongly suggest retaining local counsel to assist in the probating of the estate. If there is no will, the estate will be divided between the spouse and children. In order to initiate the settlement of the estate, you need to probate the estate, which will include a valuation of the estate.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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Answered on 5/22/05, 2:01 pm


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