What to do if my father passed and he was married but separated?

UPDATED: Jan 18, 2014

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What to do if my father passed and he was married but separated?

They were not legally separated. Also, he left behind my brother and I. How should we go about this?

Asked on January 18, 2014 under Estate Planning, Georgia


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Generally speaking, it may not matter a whole lot. Either way, you need to consider that nothing was legally done. At that point, if nothing changed as far as testamentary documents like wills or trusts, then however she took and you take in the document is how you take. Otherwise, it goes by probate and that means she will take 1/3 and you together as siblings will take 2/3. Talk to counsel about it and see if there is anything in there about this.

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