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?
2 Answers from Attorneys
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.
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
www.macgregorlyon.com
Confidentiality Notice
This message is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e-mail and delete all copies of the message.