Georgia  |  Personal Injury

Legal Question

Asked on: 10/11/07, 7:53 am

Mom and No Will

My Mother just passed away and so far No Will has been discovered. Two of my five sisters feel that the seven children should only receive 70%(divided equally) and the five grandchildren dividing the remaining 30%.

I don't think that is a fair division since 4 out of 7 children have no kids. Her grandchildren, love them as I may, never did a thing to help my Mom.

My Mom showed me a Will 6 months

back stating all assets were to be divided equally amongst her 7 children. I told all my sisters and brother what I read and that's how it should be done even though her Will has not surfaced.

I feel the dividing amongst the 7 is the fairest and the girls with kids should give whatever they feel from their part to their kids.

I have been reading up on this situation and am still a little confused as to how Moms assets should be divided under Georgia law. In other words, shouldn't Moms assets go to her children?

How should this be handled without too much family feuding?

1 Answer

Answered on: 10/11/07, 8:27 am by Keith Reisman

Re: Mom and No Will

If there is in fact no will, your mother's estate will be distributed according to how Georgia law says it will be. After all your mother's debts and the expenses of administration are paid, the remainder of the estate will be distributed IF NO SPOUSE SURVIVED YOUR MOTHER equally to your mother's living children. Your example does not state that a spouse survived or that there are any children that died before your mother, so I will not go into that. Consequently, each child will receive one-seventh of the estate. For more comprehensive information and the forms that you MUST file with the Probate Court go to:

This answer, though responsive to the question, is general in nature. It is not designed to be and should not be relied on as your sole source of information when analyzing and resolving a specific legal issue. Each fact situation is different; the laws are constantly changing. If you have specific questions regarding a particular fact situation, I urge you to consult with competent legal counsel.

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