Legal Question in Wills and Trusts in Georgia
Estates- who is entitled to it
A couple is in a aotomobile accident the wife is killed instantly, the husband is in very serious condition and dies a week later, but never regains conciousness.She has a will leaving everything to her husband, and he has a will leaving everything to his wife and there are no children involed. The next of kin are brothers and sisters on his side and neices and nephews on her side. Who is entitled to to the estate.
3 Answers from Attorneys
Re: Estates- who is entitled to it
The answer to your question will depend on a number of variables, including, but not limited to: (a) whether the wills contained specific survivorship provisions; (b) the alternate beneficiary provisions of the wills; (c) the titling of their various assets; and (d) the nature of beneficiary designations on any nonprobate assets (i.e., insurance, IRAs, annuities, etc.).
Re: Estates- who is entitled to it
Without reading the wills, one could not say who is entitled to the estate.
Re: Estates- who is entitled to it
Since they both had wills, there probably is a "residuary clause" that specifies to whom the property goes if the spouse is dead. It is very important that you have a local attorney read the will and also explore the possibility of wrongful death actions.
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