What rights doI have if my father died without a Will?

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What rights doI have if my father died without a Will?

His wife claims everything.

Asked on February 10, 2011 under Estate Planning, Georgia

Answers:

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

Answered 10 years ago | Contributor

When someone dies without a Will they die "intestate". Accordingly, the laws of the state where the deceased was domiciled as of the date of their death will control. Assuming that was GA, then state law provides in part that where a decedent is also survived by a spouse and child(ren), the spouse shall share equally with the children but in not event shall the spouse's portion be less than a 1/3 share.  At this point, you need to contact the approriate aprobate Court and/or a probate law attoreny as to pursuing your legal remedy.


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