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RobertJDFL, Attorney
Category: Estate Law
Satisfied Customers: 13757
Experience:  Experienced in multiple areas of the law.
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My grandmother passed without a will. Her estate is about 40,000$

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My grandmother passed without a will. Her estate is about 40,000$ and a small car. She has a 10,000$ ins. policy to cover her funeral cost. I am her only blood grandchild and my dad(her son) passed in 99. I have a step-mother and two step sisters who took everything my dad had when he died(1.7 million$) I did not go after my share of estate due to reassurances from my step mom that she would "handle things fairly". An expensive lesson for me and I want to know if she or they have any type of claim to anything in her estate?
Thank you for your question.

My condolences on your loss. No, your step-mother and step-siblings have no legal right to the estate. Under Georgia law, if there is no surviving spouse of an intestate decedent, the surviving descendants will share the estate. See O.C.G.A. § 53-2-1(c)(3). If the decedent is pre-deceased by a child, and that child had children of his or her own (therefore grandchildren of the decedent), the share that would have gone to the child passes to the grandchild(ren) equally.

In other words, whatever share your father would have received (and if he was her only child, in the absence of a surviving spouse, he would get everything) passes to you.
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