Father Predeceased Mother, His Estate Was Not Probated - Impact on Mother's Estate
My question involves estate proceedings in the state of: georgia
my father died in interstate, his share of the estate was never probated. Mom and dad
owned all property together.Mom has passed away just recently leaving a will that all
her property be divided between myself and my sister. My question is what happens to my fathers part of the estate. I am his only daughter, my sister is his step child
Re: Father Predeceased Mother, His Estate Was Not Probated - Impact on Mother's Estat
Quote:
Quoting
elaine123
Mom and dad owned all property together.
If they owned all property jointly, then:
- It is highly probable that the property was owned with right of survivorship
- If so, upon your father's death, the property would have transferred immediately to your mother by operation of law - that is, by the manner in which it was owned
- If that was the case, there would have been no need to probate your father's estate
- Your mother would be free to dispose of the property as she wished by way of a will