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

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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

Answers:

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

Answered 4 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.


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