Would my father’s ex wife have access to his inheritance

UPDATED: Oct 1, 2022

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Would my father’s ex wife have access to his inheritance

This mess is taking place in Georgia.
My father passed away unexpectedly in
August. He didn’t leave a will behind.
He was survived by my mother, myself,
and my step brother. Recently before
the estate could be settled and divided,
my brother overdosed and died. Now
his bio mother has come forward
asking if she has access to whatever
my brothers share would have been.

Asked on November 8, 2017 under Estate Planning, Georgia


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

Answered 5 years ago | Contributor

Since you father died "intestate", that means without a Will, state law will now control the disribution of his estate. Typically this means that the surviving spouse, if any, and the children of the deceased will inherit. Since there was no such spouse, you and your brother solely share in the estate. More specifically, you and your brother's estate will share in it. This means that his share will go to whoever he listed in his Will, if he had one. If not, then again stae intestacy applies, which means that his children will get his share of your father's estate. If he had no children, then assuming that he was not adopted by your mother, his biological mother will inherit as his next of kin.

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.

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