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  1. #1
    Join Date
    Jun 2011
    Posts
    1

    Default 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

  2. #2
    Join Date
    Apr 2009
    Posts
    757

    Default Re: Father Predeceased Mother, His Estate Was Not Probated - Impact on Mother's Estat

    Quote Quoting elaine123
    View Post
    Mom and dad owned all property together.
    If they owned all property jointly, then:

    1. It is highly probable that the property was owned with right of survivorship
    2. 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
    3. If that was the case, there would have been no need to probate your father's estate
    4. Your mother would be free to dispose of the property as she wished by way of a will

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