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My Dad recently psssed away. Do all of his premarital assets go to his spouse if there is no will.

Hampton, GA |

They were married 15 years and have no children together.

Attorney Answers 4


  1. Best answer

    My condolences on your loss. If your dad had his primary residence in Georgia, then his spouse would only receive all of his probate estate assets if he had no children or other descendants. Since you say he was your father, then you and his other descendants would potentially receive shares of his probate estate. However, whether he has any significant probate assets is another question. That answer depends on a number of factors, such as whether he owned assets jointly with rights of survivorship with anyone and what beneficiary designations may exist. Whether an asset is premarital or marital does not matter in Georgia at someone's death. His wife may also be able to make a claim for year's support, and receive more than her standard share of the assets. A good probate attorney should be able to help you figure out what may be in your dad's probate estate and protect any rights you may have.

    This answer is not intended to provide you with specific legal advice regarding your situation, or to create any attorney-client relationship. The intent is only to provide general information. You should be aware that you cannot rely on this answer to provide you with any protection against tax penalties. You should always consult your own attorney in order to obtain legal advice.


  2. My condolences to you.

    The answer depends on information you left out, including what state your father lived in, how many children he had, and whether any assets were joint. If this is in Georgia the answer also depends on whether a year's support proceeding was filed.

    You may possibly have inheritance rights and should promptly talk to a lawyer. If you have additional questions, contact me at 404-768-3509.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.


  3. More information is needed to properly answer your question. However, if this is a Georgia case you could inherit from your father's estate under certain circumstances. Please feel free to give us a call if you would like to discuss this matter further.

    Darrell B. Reynolds,
    Attorney and Counselor at Law
    2385 Lawrenceville Highway, Ste D
    Decatur, Ga. 30033
    404-636-6616


  4. So sorry to hear about your loss. Losing a parent is tough, and dealing with the assets after the death of a loved one is no easy task, either.

    To answer your question, the distinction of "premarital" or "marital" assets is irrelevant in the state of Georgia for purposes of division upon death.

    If your father was living in the state of Georgia at the time of his passing, and you are his biological (or legally adopted) child, then under Georgia law, you are entitled to at least a portion of any assets in his estate after the payment of estate expenses and his debts. His spouse would also be entitled to a portion. (The exact percentage that you and your father's spouse would receive depends on whether you have any brothers or sisters.)

    As other contributors have correctly pointed out, it's hard to say how much you're entitled to without knowing what assets your father had, and how those assets were titled. (It's possible to structure ownership so that things pass directly to another person by reason of your death, avoiding probate.)

    So, you should consider speaking to a probate attorney who can get a complete picture of what your father owned, and then advise you on what items will pass to your father's estate.

    If you find this answer helpful, please mark it here on AVVO as helpful. Now for the fine print: In answering you, I am attempting to communicate general legal information and am not representing you. Here on AVVO, I'm limited to the facts and details that you provide to me, and it's impossible for me to get the "big picture" that I would create based on a consultation with you. So, it is possible that my answers here, while meant to be helpful, may in some cases be incomplete or inaccurate. Accordingly, I highly recommend that you retain legal counsel rather than rely on the answers here. I'd be happy to assist you further, so please feel free to contact me using the contact information listed above. Any information in this communication is for discussion purposes only, and is not offered as legal advice. You have no right to rely on the information contained in this communication and no attorney-client relationship is formed. Finally, nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein.

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