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.


Asked on 10/21/04, 9:55 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

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.

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Answered on 10/21/04, 10:52 am
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

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.

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

[email protected]

www.macgregorlyon.com

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Answered on 10/21/04, 1:41 pm


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