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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 102346
Experience:  Fully licensed attorney in Texas in private practice.
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Georgia...when a wife dies, without a will....leaving a

Customer Question

Georgia...when a wife dies, without a will....leaving a widow and 3 children what are the percentages of share and what things to be considered as wife's estate.
JA: Have you talked to a lawyer yet?
Customer: no just learned of this today My mother's estate has never been settled and are in the process of doing so. Dad is now also deceased and we are told her estate has to be dealt with first.
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: Georgia
JA: Anything else you think the lawyer should know?
Customer: Yes, dad also died intestate and leaves 2 step children (children of the wife) and one biological child.
Submitted: 12 months ago.
Category: Estate Law
Expert:  Ely replied 12 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am very sorry to hear about this situation. Without a Will, the estate is distributed based on default succession laws to family that is left - see HERE and scroll down to "Who Gets What in Georgia?"

It is fairly simple and follows those rules based on surviving family since there is no Will.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 12 months ago.
What happens when one of the siblings signs off via QuitClaim to the property owned. Does the percentages change giving the two remaining that share
Customer: replied 12 months ago.
leaving one step child and the biological child. Does that make a difference.
Expert:  Ely replied 12 months ago.

If an heir signs off on a quit claim deed for something he should/would have inherited (if this is what you mean), then they lose that gift that they would have received to whomever they quitclaimed the deed to.

A step child does not count as an heir to the deceased. Ergo, unless there is a Will and they are provided for in the Will, the step child does not inherit.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 12 months ago.
My brother signed a Quitclaim deed just to be rid of this situation. He does not intend to carry it further. I am step child to my dad but on my mother's estate I am her biological child.Does that mean me and mystep sister will divide the part that is my mothers estate