Legal Question in Wills and Trusts in Georgia

Re: How is property divided?

Currently, if an individual dies without a Will in Georgia, his/her surviving spouse will be entitled to a child's share of his/her probate estate, but no less than one third. Thus, in the situation you describe (H has 4 children, H marries W, then H dies, survived by W and 4 children), W would be entitled to one third of H's estate. If H dies with a Will, however, H's Will controls (i.e., if Will says 4 children get everything, then 4 children receive the entire probate estate). Under Georgia law, a surviving spouse is also entitled to years' support from the probate estate.

Of course, if the house (or any other asset) is titled in H and W's names as joint tenants with rights of survivorship, then the survivor will receive title to the entire house/asset by operation of law at the first death, regardless of what the Will or intestate succession laws would otherwise dictate.

Other factors may be relevant to your particular situation. The above is only intended as general information and should not be relied upon as legal advice.

Re: How is property divided?

If he dies with a will, the will will dictate who gets what if title is in his name. If he dies without a will and the property is in his name, you would get one-fourth. If he dies with or without a will and the property is titled in both your names as "joint tenants with rights of survivorship", you get the property. Confused? Feel free to call or contact me if you are not local.