Where your father married is irrelevant. Its where he lived at the time of his death and what he owned and how it was titled that is important. First, when did your father die? Has sufficient time passed since his death that an estate would be probated (at least 30 days)? What assets did your father own at the time of his death? Not all assets are probate assets. Things like jointly owned real estate owned with a right of survivorship, life insurance and jointly held bank accounts are all types of non-probate assets. Which means that if there is no will, these things would pass to the other surviving person or named beneficiary and you would not be entitled to any of it if you are not the survivor/designated beneficiary. Your father's naval service is also irrelevant unless there was some kind of pension or other benefits. Usually, those are like life insurance, i.e., it is a beneficiary designated asset and unless you were the named beneficiary you would not be entitled to these benefits. Example: your father and wife had a joint checking account and a jointly owned house and a small life insurance policy and she was the beneficiary. These things all pass to her and you get none of it. If your father has been deceased for over 30 days, you can contact the probate court in GA in the county where he lived at the time of his death to see if an estate has been opened for your father. You can compel your father's wife to open an estate or produce a will if you believe one exists. If there is no will then your father will be deemed to have died intestate (Latin for no will). In such case your father's wife would get 1/3rd to 1/2 of any real or other property (depends on how many other children there are besides you) owned by your father plus a year's support. If your father had very few probate assets or a lot of debts, it may not be justified to hire a lawyer. What I suggest you do is figure out what your father owned and how it was titled. Things like land can be easily checked by contacting the recorder/register of deeds in which the land was located and getting a copy of the deed. You can contact the Navy pension office and find out if you were a named beneficiary. Depending on what you find out, you may then want to consult a GA probate attorney who practices in the county where the estate is or would be pending in GA to determine whether any kind of challenge should be pursue or whether your father's wife can be compelled to open and administer an estate. I don't care whether the stepmother has decided that your father's children are not entitled to anything. That is not her choice to make. State law has already decided - the children get 1/2 to 2/3rd of any probate assets. What you need to figure out is whether there are any probate assets.
Answered on May 17th, 2013 at 2:05 AM