Legal Question in Wills and Trusts in Georgia
Father passed away
I have 2 sisters and 1 half brother, which my dad had after he remarried. My dad passed away almost 2 years ago. While growing up our father did not have much to do with us girls. During his funeral us girls were not even mentioned in the eulogy, only our stepmother and their son. We were very humiliated. Our father and stepmother had a new house which they had built during their marriage, he had an antiue car which is worth alot of money, along with other stuff in which they acquired during their marriage. We dont know whose name this stuff is in and we cannot find that our father left a will. We were not offered anything after he passed. We want to know if we are entitled to anything that our father had (or they had together) and what we can do about it.
2 Answers from Attorneys
Re: Father passed away
If, in fact, he left no will, you and your two sisters are entitled to a share of the estate. Consult with a local attorney about your rights.
Re: Father passed away
First, you all need to get an attorney who does Probate work and establish an estate. The statute below gives you all an interest in property owned by your father at the time of his death.
"(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;"
O.C.G.A. ยง 53-2-1
Hope this helps,
Laurie M. Thomas
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