QUESTION
Who receives the assets if there was no will?
Asked on May 03rd, 2011 on Estate Planning - Georgia
More details to this question:
My Childs father was killed and there was no will. All of his assets are now with his brother. I was told that if he was never married and since my child is his only son, all of his assets belong to my son. Do I need to sue my Childs father brother for assets?
5 ANSWERS
Theodore W. Robinson
Yes, you must sue his brother in order to have your son inherit the estate of his late father. Hire a lawyer quickly and get right to it before it gets spent or dissipated. Good luck.
Answered on May 09th, 2011 at 12:30 PM
Trusts & Estates Attorney serving Camarillo, CA
at
Law Offices of Larry Webb
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Don't sue, open a probate as an interested party.
Answered on May 05th, 2011 at 9:51 AM
1 Award
Yes, if there was no will, his then living children would be entitled to all of his assets. You may need to pursue his brother in probate court.
Answered on May 05th, 2011 at 9:38 AM
Trusts and Estates Attorney serving Jacksonville, FL
Partner at
Law Office of David M. Goldman PLLC
3 Awards
All of his personally owned assets which are subject to probate should be your son's (his son). Please contact us as you would need to open a probate to begin this process.
Answered on May 05th, 2011 at 9:25 AM
Sam Louis Levine
In the event that someone dies without a will In Georgia & in most states, the state decides based upon statutory law how the assets are/will be distributed through what is known as "intestate succession", which interestingly enough almost mirrors how most people who die would want their assets distributed. Still, it is important to have a will so that your full wishes are followed.
Answered on May 04th, 2011 at 3:22 PM