Legal Question in Wills and Trusts in Georgia
Intestacy
My father died intestate in 2002. My step-mom filed for a year's support through probate. My brother protested saying that there was a will. He didn't follow through with it, and she was granted the year's support. She died this year, with a will. There is an executor, her will has already been through probate with no response within the allotted time. We have just received notice that my brother is now wanting what he claims to be his share of my dad's estate. Since my step mom was granted the year's support and he didn't follow thru with his protest, is he still entitled to a share? And would it be based on what was claimed as the value of the estate that was filed in probate with the petition for the year's support? My step-mom did provide for him in her will. There is also a question of a life insurance policy that a relative had, which left some money to my dad, but wasn't paid until after my dad's death (the relative died a few years back, and it was paid this year) so the check was made out to the estate of my dad and cashed by my step-mom - is my brother entitled to a portion of that? My step-mom has no children of her own.
1 Answer from Attorneys
Re: Intestacy
Your brother would be entitle to his equal share of the estate after the year's support is subtracted, if any, except that the spouse's share can never be less than one-third (1/3). The insurance policy would be a different issue and would depend on the wording of the policy.
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
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