What will happen if my husband died with no Will?

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What will happen if my husband died with no Will?

The house is in his name only. There is a motorcycle, truck and a lot of credit card debt that I wasn’t aware of.

Asked on December 12, 2013 under Estate Planning, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You will inherit--including the vehicles and house--under Georgia' intestate succession laws. If he had children, you and the children will share the assets equally, but you (as spouse) can't get less than 1/3; if he had no children, you will inherit all. The creditors (including the credit card companies) can look to recover what they owed from your husband's estate--that is, from his assets *before* they are distributed to you (and any children). This can be complicated situation to deal with; you are advised to retain a trusts and estates attorney to help you.


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