If my ex-husband and I have been living together but he recently passed, can his adult children claim his possessions?

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If my ex-husband and I have been living together but he recently passed, can his adult children claim his possessions?

Asked on August 8, 2015 under Estate Planning, Georgia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Sorry to hear about your ex-husband.

If he left a Will, the Will is controlling as to inheritance.

If he did not leave a Will, the rules of intestate succession determine inheritance.  Intestate means dying without a Will.

Under intestate succession, the surviving spouse inherits your ex-husband's entire estate.  Since you were divorced, there isn't any surviving spouse.  Therefore, his children inherit equal shares of his estate which would include your ex-husband's possessions.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Sorry to hear about your ex-husband.

If he left a Will, the Will is controlling as to inheritance.

If he did not leave a Will, the rules of intestate succession determine inheritance.  Intestate means dying without a Will.

Under intestate succession, the surviving spouse inherits your ex-husband's entire estate.  Since you were divorced, there isn't any surviving spouse.  Therefore, his children inherit equal shares of his estate which would include your ex-husband's possessions.


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