My step father passed in September, leaving his assets to be divided 50/50 between his two biological kids. However, my mother is still alive living in the house the shared for 40 years. At present she has Alzheimer she was not included in his will, nor was her 5 remaining children. Is my mother entitled to any or all of his assets.
Your mother may have the ability to make a claim for year's support (assuming your stepfather had his principal residence in Georgia at his death-if not, you'd need to check that state's laws to determine what rights your mother may have), even if she was excluded from your stepfather's Will. I assume that the house was only in your stepfather's name; if your mother's name is actually on the deed to the property, then she already has that interest. She would also already have any assets that might have been payable to her under a beneficiary designation or a right of survivorship (such as if they had a joint bank account).
If this is a Georgia estate, then she's not necessarily entitled to any specific share or anything at all, but a claim for year's support should be an option unless she waived it in a pre- or post-nuptial agreement. She must file within no more than 2 years after your stepfather died; sooner is better than later, however. Find her a very experienced estate litigation attorney and get started.
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