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Category: Estate Law
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My husband inherited a home in Ala. by from his great aunt. Before he could probate her

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My husband inherited a home in Ala. by from his great aunt. Before he could probate her "noncontested" will, he was killed in and accident. Her will was written prior to our marriage. What, if any portion of this home will I be allowed to claim as his wife? We live in Georgia, but this home in Alabama will need maintence, and care. I have 2 stepchildren. of my late husbands that were mentioned in the original will which was written 4 years prior to our marriage. Can you help me understand how this will effect my portion of my late husbands estate, if any?. Both children are over 19 years old.
Thank you

William B. Esq. :

Dear Customer, thank you for choosing Just Answer I apologize in the delay. I am sorry to learn of your loss, please accept my condolences.

With regard to the probate situation. As your husband's great aunt "predeceased" him, the home will be considered part of his estate (the property is deemed transferred at the time of death). The interest in the real property will be distributed as determined in your husband's will, trust, or under probate rules for the state of Georgia. If he had no provision specifically for the property, it most likely will fall under a "spill-over" will or provision in the trust documents.

I cannot tell you exactly how the property will be distributed as I do not have the documents or specific information in front of me, but the real property would have transferred to your husband at the time of death, and his estate is entitled to the proeprty.

William B. Esq. :

I hope that my answer was of assistance to you. My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Please remember to rate my service once you have all the information you need. Thank you for your business!

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