Legal Question in Wills and Trusts in Georgia

The answer is dependent on what she files (administration versus years support). If the items matter to you, see a lawyer and file to be temporary administrator, as you my be entitled to up to half his estate.

I agree with Attorney Ashman. If there was no will and if this is in Georgia, then you and your father's wife get to split the estate assuming that you are the only child. If your father had other children, you and the other children would get 2/3rd of your father's estate.

This also assumes that there were assets to probate. What did your father own and how was it titled? Your post is a little confusing here. Estates should be probated if there are probate assets - regardless of whether there is a will. If there is no will, then estate property is distributed as per the state intestacy laws. If there is a will the the assets get distributed as per the will.

So (a) is there a will; and (b) are there probate assets? Not all assets are probate assets. Probate assets are things titled solely in your father's name - could be cash, cars, land or other personal property. Non-probate assets are things like jointly held real estate with a right of survivorship, joint checking accounts or payable on death accounts, life insurance or any other asset that has a beneficiary designation.

I know you are seeking sentimental-type items. It would be nice if your ee-ville step mother would permit you to have them. The problem though is, even if you get a lawyer or a court order making her turn over items, she may claim these items do not exist. I don't know how far she is willing to go and what kind of legal hoops she is going to make you go through. Not talking to you does not bode well.

You would do well to at least consult a probate attorney who practices in the county/state where your father resided prior to his death. While you say you do not want money, it may be that for a small fee, the lawyer can send the wife a letter to try to get her to turn over the items especially if they hold no actual value only sentimental value.