What will happen if my husband died with no Will?

UPDATED: Dec 12, 2013

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What will happen if my husband died with no Will?

The house is in his name only. There is a motorcycle, truck and a lot of credit card debt that I wasn’t aware of.

Asked on December 12, 2013 under Estate Planning, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You will inherit--including the vehicles and house--under Georgia' intestate succession laws. If he had children, you and the children will share the assets equally, but you (as spouse) can't get less than 1/3; if he had no children, you will inherit all. The creditors (including the credit card companies) can look to recover what they owed from your husband's estate--that is, from his assets *before* they are distributed to you (and any children). This can be complicated situation to deal with; you are advised to retain a trusts and estates attorney to help you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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