What are my rights to my late mother’s estate?

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What are my rights to my late mother’s estate?

She passed away a little over a year ago. She owned her home and my stepfather’s name is not on the house. He was appointed as adminstrator. He never settled her estate. He passed away this morning. What rights do my siblings and I have to her house and her estate? And what rights do his children have to her house? They have his keys to the house. Can they just go in at their leisure? And do I have a right to go into the house, as her daughter? If I go in, could I be arrested?

Asked on June 5, 2013 under Estate Planning, Georgia

Answers:

Anne Brady / Law Office of Anne Brady

Answered 8 years ago | Contributor

Assuming neither person dying had a will, the laws of intestacy apply, and they vary from state to state.  Under Arizona law, your mother's house would have passed to her husband.  However, under Georgia law, it should have passed one half to her husband and one half to her children as a group.  Then when he passed (unmarried I assume), his one-half interest in the house would pass to his children (in either state).  That would mean that her children own half and his children own half.  You should retain an attorney to sort this out.


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