If a parent dies without a Will, what is a child’s right to the estate?

My mom never left a Will before she died. Is there anyway I could fight to get her house even though my dad has it up for sale and she wanted me and my brother to have it? In a non-community property state.

Asked on November 26, 2011 under Estate Planning, Georgia


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your father was married to your mother when she died, and the property was titled in joint title with your mom (joint tenants with right of survivorship), it goes to your father without any problem. If your parents were not married, then you and your brother would get the estate, probably half to each. You need to research the probate laws and laws of intestacy in your state and if the state follows or has adopted the Uniform Probate Code.

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