What to do if my husband just died without a Will and now his children from a previous marriage want to take everything?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if my husband just died without a Will and now his children from a previous marriage want to take everything?

All he owned in his name only was a truck, our home with a $25,000 mortgage and a few personal things. I am 58 years old and unemployed.

Asked on December 16, 2016 under Estate Planning, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

When there is no will, when a person dies, their property passes according to the law of "intestate succession" (the rules who for gets what when there is no will). In your state (every state sets its own rules), the surviving spouse and the descendents (children from a prior marriage) share or divide the assets equally, but your share (as spouse, cannot be less than 1/3): if it were you and one child, you each get half; you and two children, you each get 1/3; you and three or more children, you get 1/3, the children split the other 2/3. So to oversimplify: whatever the total value is (truck plus equity in home plus personal property), if there are at least two children, you get 1/3 that value, they get the rest. The court appointment personal representative for the estate (also called an administrator)--which will likely be you if you want the role and apply for it to the courts--will have the responsibility to oversee this.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption