QUESTION

My adopted dad passed away a month ago before the law of estate inheritance changed. My question how much of the inheritance and property goes to the

Asked on Oct 03rd, 2017 on Trusts and Estates - Georgia
More details to this question:
Adopted children and do we have to sign anything to get money out of a bank account that was in his name? Also what happens to his 401k?
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1 ANSWER

Wills Attorney serving Alpharetta, GA
4 Awards
There have not been any changes to the inheritance laws in Georgia for a very long time, so I am not sure if your father was a resident of Georgia or some other state. I am licensed in Georgia, and this answer will only be correct if your father had his principal residence in Georgia at the time of his death. If you were adopted legally by your father, you are treated the same as any biological child he may have had: in other words, once he adopted you, you became his child for all purposes. If your father was married and had no Will, then his spouse and children would divide the remaining probate estate assets (after all debts, taxes, and expenses are paid from the assets). The spouse and children each get an equal share, if there are only 1 or 2 children. If there are more than 2 children, the spouse gets 1/3, and each child gets an equal share of the other 2/3. If a child died before your father, that child's children get that child's share. If your father had a bank account in his name and there are no joint owners or payable on death beneficiaries listed, then his estate will likely need to be opened and an Executor (if he had a Will) or Administrator (if he didn't have a Will) appointed. The Executor or Administrator will then be able to access the bank account, along with any other assets your father owned in his own name that do not have beneficiary designations on them. As for something like a 401(k) account, those have a beneficiary designation, either one your father created intentionally or a default provision, if he didn't create one. You have to contact the plan administrator and find out what the beneficiary designation says. The beneficiary designation will control those assets, and they will not become part of your father's probate estate unless the beneficiary is his estate. Ideally, get a good probate attorney. You need to figure out the exact situation to know your rights and options. That's not what this forum allows. Best wishes to you.
Answered on Oct 04th, 2017 at 9:06 AM

This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.

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