What rights doI have if my father died without a Will?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What rights doI have if my father died without a Will?
His wife claims everything.
Asked on February 10, 2011 under Estate Planning, Georgia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
When someone dies without a Will they die "intestate". Accordingly, the laws of the state where the deceased was domiciled as of the date of their death will control. Assuming that was GA, then state law provides in part that where a decedent is also survived by a spouse and child(ren), the spouse shall share equally with the children but in not event shall the spouse's portion be less than a 1/3 share. At this point, you need to contact the approriate aprobate Court and/or a probate law attoreny as to pursuing your legal remedy.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.