Legal Question in Wills and Trusts in Georgia

My father-in-law passed away in April and my mother-in-law has filed for "widow's rights". They had been separated for over 30 yrs. except for the past 3 yrs when my father-in-law got sick. He did not have a will, and he really didn't own anything.


Asked on 8/30/11, 6:42 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You didn't ask any question in your post.

Because your father-in-law mismanaged his affairs and left no will, that meant he did not care where his assets went. And since he decided not to get a divorce for 30 years and got back together with his wife, she can certainly claim year's support.

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Answered on 8/30/11, 8:21 am

First of all, I don't see that you have a dog in this fight. Since the father'in-law died without a will, you inherit nothing. Only your spouse inherits unless he/she died after your father-in-law and your father-in-law's assets pass to you under your spouse's will.

It is not clear from the post, but your in-laws may have reconciled. If that is correct, then your mother-in-law may be entitled to claim not only her entitlement to support, but her intestate share of your father'in-law's estate.

If your father-in-law was concerned, he would have gotten divorced and/or made a proper will. He did not do so, but his failure to act does not mean that your mother-in-law should now forfeit her share.

While you say your father-in-law owned nothing, I am puzzled as to why you are then concerned. If there is nothing to inherit, then the mother-in-law can claim her share but will still get very little.

I don't know what assets were in your father-in-law's estate, whether there are non-probate assets, where your father-in-law resided at the time of his death, whether your in-laws indeed reconciled or whether your mother-law's lengthy absence worked to forfeit her spousal rights.

Since I don't know any of these facts, I suggest that your spouse pay a probate attorney in the county/state where your spouse's father lived at the time of his death. The attorney can then review the circumstances surrounding the separation and possible reconcilation of the your parents-in-law and review the estate assets and determine how they were titled to figure out if the surviving spouse is entitled to share in your father-in-law's estate or not and what your spouse and your mother-in-law will receive after the bills are paid.

Your post does illustrate for anyone else the importance of filing for divorce and if nothing else, making a written will.

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Answered on 8/30/11, 11:40 am


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