Legal Question in Wills and Trusts in Georgia

parent passing without will

My mom died 20 years ago and my dad remarried. He now has cancer and only a few days to live. He owns a house and some land from when he and my mom were married. I thought he had a will in place but found out he doesn't. Does my Step mother have rights to the house and land? She said my dad is going to give her power of attorney, what does that do as far as the house and land? How do I fight her if she trys to claim this?


Asked on 12/01/08, 2:36 pm

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: parent passing without will

If there is no will, yes she has rights under state law. As far as the power of attorney, it depends on the scope. Presumably, if he is of sound mind, he can do a will if he wanted to and leave his property to whomever he wished. You fail to state the basis for "fighting" either his wishes, or state law, as applied to his property. Not liking the outcome is generally not valid legal grounds.

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Answered on 12/01/08, 4:56 pm


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