Legal Question in Wills and Trusts in Georgia
without a will, what are my rights as only child
my dad is terminally ill, he is remarried as of 2 years, no will, his wife has survivors rights on house and supposedly been changed as beneficiary in past couple months. as his only child what rights do i have involving his inheritance?
1 Answer from Attorneys
Re: without a will, what are my rights as only child
From the way you pose the question, it sounds like you are kind of out of luck. However, if he dies without a will, then: OCGA 53-2-1
(b) When a decedent died without a will, the following rules shall
determine such decedent's heirs:
(1) Upon the death of an individual who is survived by a spouse
but not by any child or other descendant, the spouse is the sole
heir. If the decedent is also survived by any child or other
descendant, the spouse shall share equally with the children, with
the descendants of any deceased child taking that child's share,
per stirpes; provided, however, that the spouse's portion shall
not be less than a one-third share; ...
You also indicated he changed the beneficary. On any deeds and ins. policy he did this, you are out of luck. There are some arguments on "undue influence," but they are uphill fights. HCW