If there is no Will, can a child of the deceased get anything of their parent’s belongings when there is a stepparent involved?
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If there is no Will, can a child of the deceased get anything of their parent’s belongings when there is a stepparent involved?
Asked on February 16, 2013 under Estate Planning, Georgia
Answers:
Victor Waid / Law Office of Victor Waid
Answered 11 years ago | Contributor
The minor child is entitled to receive all of the deceased parents things, without ther steparent interference.
Paula McGill / Paula J. McGill, Attorney at Law
Answered 11 years ago | Contributor
Under the Georgia Code when a decedent dies without a will and is survived by a spouse and child(ren) or other descendant, the spouse shall share equally with the children, with the descendants of any deceased child taking that child's share, per stirpes; provided, however, that the spouse's portion shall not be less than a one-third share.
This is why it's so important you obtain legal advice from an attorney who is licensed in the state where the parent resided before (s)he died.
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