My Dad passed away unexpectedly two years ago. I was told by my Mom that he (surprisingly) did not leave a will. He worked very hard and did well financially. She gave my sister, brother and I each $10k "because he would have wanted us to have it". My Mom hasn't worked in years and recently bought 4 investment properties paying cash in order to earn rental income. Now I find out today that in the state of Georgia she was only entitled to 1/3 with the rest split among the children. Now she has blown through who knows how much on shopping sprees to maintain her lady of leisure lifestyle at our expense. I plan to sue for what is ours. My question is - at this point will they evaluate the assets owned as of my Dads passing or now, and will it include the properties she has purchased? I can't believe my own mother would do such a selfish thing!

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Originally Posted by deskness

My Dad passed away unexpectedly two years ago. I was told by my Mom that he (surprisingly) did not leave a will. He worked very hard and did well financially. She gave my sister, brother and I each $10k "because he would have wanted us to have it". My Mom hasn't worked in years and recently bought 4 investment properties paying cash in order to earn rental income. Now I find out today that in the state of Georgia she was only entitled to 1/3 with the rest split amoung the children. Now she has blown through who knows how much on shopping sprees to maintain her lady of leisure lifestyle at our expense. I plan to sue for what is ours. My question is - at this point will they evaluate the assets owned as of my Dads passing or now, and will it include the properties she has purchased? I can't believe my own mother would do such a selfish thing!

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You asked a legal question. The legal answer is, it depends. Were the assets you are questioning held in your father's name alone or jointly with your mother? If they were joint, they also belonged to her and became hers alone upon his death.

IF you find an Attorney to challenge your mother he/she will go back to the date of your father's death (or earlier if you suspect fraud) and then trace the assets (and their disposition up to the present time. It will be an expensive lawsuit (obviously) because you will need the services of a CPA and perhaps a second CPA to verify the work of the first one.

EDIT: The first part of my answer refers to a post which has been removed. I was not addressing the OP.

Agree, if they had joint bank accounts, in both names and if property was in both names, they do not go and pass into the estate, they would pass just to your mother. So the only property or money the kids are "due" would be money or property that was in his name alone.

Agreed, depnds. Did your father have a attorney that he worked with?

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Originally Posted by deskness

... Now I find out today that in the state of Georgia she was only entitled to 1/3 with the rest split amoung the children. ...

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That would be 1/3 of his estate. I suspect that, since she evidently did not have to go through probate, the property was owned jointly and passed to her automatically upon his death. What sort of property was it?