No will What happens to small stuff?

Discussion in 'Off-topic' started by xls177, Feb 3, 2017.

  1. xls177

    xls177 Member

    When you die but don't have a will or items are not listed in the will.

    What happens to the personal stuff like clothes, tools, guns?
    doesn't the law say it has to be divided?
    Says that spouse gets 1/3 kids get 2/3 of the stuff.

    Does that mean if my dad passes the kids get 2/3 of personal items ?
  2. Casual User

    Casual User Member

    One of the lawyers will probably chip in here, but when my Dad passed away Mom was in charge of distributing his personal items.

  3. DonT

    DonT Deplorable bitter clinger.

    I'm not a lawyer, and the lawyers here will opine. My experience was the same as above, when my dad passed (he had a will), everything passed to my mom. She took care of his guns and personal items, I ended up with his guns. The big things are what had to pass via probate, to my mom, especially the house and vehicles. The stuff that was not in my dad's name, were in control of my mom, and she distributed or kept items as she saw fit. Also, property such as checking accounts, had a designated beneficiary and passed to my mom outside of the will.

    If no will: The items, like guns and clothing and personal items, that are not in anyone's name legally, are pretty much going to be in control of whoever is next of kin and in control of those items. But I'm not sure, legally, how those "small" items will be distributed.

    Do not die intestate (without a will). The state gets to decide who gets what. Some interesting info via, lots of info like this on websites if you google it.
    Last edited: Feb 3, 2017
  4. gunsmoker

    gunsmoker Lawyer and Gun Activist

    Georgia law requires the executor to take an accounting and inventory of all the items in the estate, right?
    So is there a dollar limit on this?
    Should there be? (What if the dollar limit had a collection of 1000 original 1984 Cabbage Patch dolls, and the value of any one was less than the minimum reporting amount? )
    I think the law, and the Probate Court, expect us to use common sense here.
    The Court doesn't want you to account for every #2 pencil in the desk drawer, or count the rolls of toilet paper in the bathroom closet.
    Just handle it.
    BUT, ON THE OTHER HAND, if Cousin Lou comes over as soon as Grandpa is dead and, without any authority, takes a bunch of small stuff from the house, technically that would be theft and he could be arrested. The executor stands in the place of the deceased, and controls access to the property until it's distributed.
  5. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    If all there is to pass on is "small stuff," and the spouse is living, then she can claim it all by requesting an order for a year's support. A widow's request for a year's support is preferred even to creditor's claims (except mortgages) on the estate. This request for a years support may even override a will in which she is disinherited and may allow her to avoid a year of property taxes.

    So, yeah, typically the kids get a share (even the small stuff), but the widow is entitled to a year's support even if that cuts off a lot of otherwise valid claims.
  6. a_springfield

    a_springfield Well-Known Member

    A little side track. What happens if the son is specifically named and gets a few things and the spouse (if survived by 30 days or daughter) gets the rest.

    The son is from a previous marriage and the daughter is from both
  7. Nemo

    Nemo Man of Myth and Legend


    Both as in deceased and current spouse or both as in current and prior spouse?

  8. a_springfield

    a_springfield Well-Known Member

    Both as in dad passes mom survives, half brother (dads kid) from previous marriage.
  9. Scout706

    Scout706 Well-Known Member

    Second marriage. Four kids, two each, all adult. both mine are West Coast. God forbid something happens to us both at once, I worry about one of her kids cleaning us out before one of mine gets here.