If there is no Will, can a child of the deceased get anything of their parent’s belongings when there is a stepparent involved?

Get Legal Help Today

 Secured with SHA-256 Encryption

If there is no Will, can a child of the deceased get anything of their parent’s belongings when there is a stepparent involved?

Asked on February 16, 2013 under Estate Planning, Georgia

Answers:

Victor Waid / Law Office of Victor Waid

Answered 8 years ago | Contributor

The minor child is entitled to receive all of the deceased parents things, without ther steparent interference.

Paula McGill / Paula J. McGill, Attorney at Law

Answered 8 years ago | Contributor

Under the Georgia Code when a decedent dies without a will and is survived by a spouse and child(ren) or other descendant, the spouse shall share equally with the children, with the descendants of any deceased child taking that child's share, per stirpes; provided, however, that the spouse's portion shall not be less than a one-third share.

This is why it's so important you obtain legal advice from an attorney who is licensed in the state where the parent resided before (s)he died.


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