Probate Attorney Atlanta
Estate Attorney Atlanta
Georgia Probate Lawyers
The death of a family member is an exceptionally trying and emotional experience. The Atlanta probate lawyers at Vayman & Teitelbaum, P.C. are extremely knowledgeable and familiar with how to work with families during these difficult times to make the estate administration process as smooth as possible.
A common problem encountered by families in Georgia after the death of a family member is how to divide up property and assets. This is a particularly difficult task when a parent, spouse, child or sibling dies without a will. Dying without a will in Georgia is called dying "intestate." If a Georgia resident dies without a will, their assets will be distributed as dictated by Georgia law.
Under Georgia law, dying without a valid will has the same effect as dying with no will at all. A deceased person's property will be divided among family members as dictated by Georgia statutory law if the Georgia resident dies with an invalid will, an ineffective will, a will that does not devise all property, or a will that provides that property should be distributed according to Georgia statutory law.
Cumming Probate Attorneys
An Atlanta probate attorney can provide families with the details of how Georgia statutory law would apply to their particular situation. However, generally speaking, this is how Georgia law distributes property and assets when someone dies without a will:
- If an Atlanta resident dies and is survived by a spouse and no children, everything passes to the spouse.
- If an Atlanta resident dies and is survived by a spouse and 2 or less children, the spouse and each child receive an equal share of the estate. So a spouse and 1 child would each receive 50% of the property and assets. A spouse and 2 children would each receive 33.33% of the property and assets. This is true whether the children are minors or adults.
- If an Atlanta resident dies and is survived by a spouse and 3 or more children, the spouse receives 1/3 of the estate and each child receives an equal portion of the remaining 2/3 of the estate.
- If an Atlanta resident dies and is not survived by a spouse, child, or grandchild, the estate passes on to their parents who share equally.
- And so on...
Adopted children, children conceived out of wedlock, and children conceived before the parent's death are treated just like children born of a marriage under Georgia law. A number of factors can complicate how assets are to be distributed to surviving family members including, for example, money given to surviving family members before the individual died or if a child dies before a parent.
Distributing the estate of a loved one who died without a will can be very complicated and we recommend you consult with an Atlanta probate lawyer for guidance. For the assistance of an experienced and caring Georgia probate lawyer, please contact us.
