If there is no Will, can a child of the deceased get anything of their parent’s belongings when there is a stepparent involved?

Asked on February 16, 2013 under Estate Planning, Georgia


Victor Waid / Law Office of Victor Waid

Answered 7 years ago | Contributor

The minor child is entitled to receive all of the deceased parents things, without ther steparent interference.

Paula McGill / Paula J. McGill, Attorney at Law

Answered 7 years ago | Contributor

Under the Georgia Code when a decedent dies without a will and is survived by a spouse and child(ren) 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.

This is why it's so important you obtain legal advice from an attorney who is licensed in the state where the parent resided before (s)he died.

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