A: If your name was not on the property, then then the estate will have to be probated in Probate Court and the property will be distributed to his heirs. As a spouse you are considered an heir, however, you will need to look at your separate maintenance agreement as to whether you gave up your rights to this property.
A: You will need to file for divorce so that you can request child support and a request of your assets such as the 401k, and alimony if you qualify to receive it. In addition to child support you should also request help paying for child care. If you are in Georgia, child care is added to the base child support amount.