DO CHILDREN FROM PREVIOUS MARRIAGEINHERIT WHEN NO WILL WAS EXECUTED?

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DO CHILDREN FROM PREVIOUS MARRIAGEINHERIT WHEN NO WILL WAS EXECUTED?

i HAVE BEEN TRYING TO GET MY WIFE TO WRITE A WILL TO NO AVAIL. IF SHE DIES WITHOUT A WILL, DO I, AS THE HUSBAND INHERIT EVERYTHING OR WOULD THE 2 CHILDREN FROM HER FIRST MARRIAGE HAVE A LEGAL RIGHT TO A PERCENTAGE?

Asked on October 5, 2010 under Estate Planning, Georgia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If someone dies without a Will they are said to have died "intestate".  Accordingly, the laws of the state where the deceased was domiciled as of the date of their death control.  Under GA's intestacy statute, upon the death of an individual who is survived by a spouse and by a child(ren), the spouse shall share equally with the children; provided, however, that the spouse's portion shall not be less than a 1/3 share.


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