Legal Question in Wills and Trusts in Georgia
My husbands father recently passed and his wife states there is no will. My husband and his brother were this mans only children and this is his second wife their step mother. My husband had asked her for his dads motorcycle and she advised him NO I am selling everything but the house . Now it has been stated on more than one occasion that the "TOYS" ie, RV, BOAT, MOTORCYCLE, BOAT were bought with his dads retirement/ pension // and now she is telling them she is selling everything but the house and when she passes it goes to HER kids. Please explain to me how this is fair?? What do my husband and his brother have to do to get what is rightfully theirs // I am not saying they want everything but they deserve more then the damn flag they received from her
2 Answers from Attorneys
Their father had the right to execute a will to give his children what he wanted to give them. Assuming there was no will, the property now passes pursuant to state law. You don't mention the administrator - presumably the wife is, but we do not know. What is "fair" or "rightfully theirs" does not come into play since the very person who owned the property and could have decided where it goes, did not do so.
OCGA 53-2-1 (c) - sets forth what occurs when a person dies without a will
(c) Except as provided in subsection (d) of this Code section, when a decedent died without a will, the following rules shall determine such decedent's heirs:
(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.
You can seek to become the administrator of the estate. Have you looked at the deed filed in the county records? This will assist in determining who is entitled to the property. In any event, because the children are entitled toa portion of the estate, you may want to hire an attorney to protect your interests.