Legal Question in Wills and Trusts in Georgia
Surviving spouse's legal rights
A friend's husband died without a will. There are children from another relationship. Who is entitled to his property/estate. Her home is at stake.
2 Answers from Attorneys
Re: Surviving spouse's legal rights
Assuming there are not a lot of children, the wife and children all get equal shares. To complicate things, a wife and minor children could claim year's support. But she's going to be sharing things with the children.
Re: Surviving spouse's legal rights
The spouse and children would share equally, but the spouse would not get less than one third of the estate. The spouse and minor children can seek a year's support in the form of property for their support and maintenance for the period of 12 months from the date of death.
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Glenn M. Lyon, Esq
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