Legal Question in Wills and Trusts in Georgia

My father died. My brother and I are named to inherit his estate. My sister was deceased before he had his will done. My sister and/or her adult children were not named in his will. Are the children of my sister legally entitled to 1/3 of his estate?


Asked on 2/06/15, 7:39 pm

2 Answers from Attorneys

Maybe. Maybe not. It depends on what the will says.

Was the will properly drafted by an attorney? Did it have a clause that specifically disinherits the children of the deceased daughter?

If the will says nothing then there is always a possibility that the children of the deceased sister could argue somehow that they were overlooked by "accident" and that your father really meant to include them too. I am not saying they would win - I am just saying they could possibly make an argument.

The only other way would be if the will mentioned that your sister was to share in your father's estate. In that case, if your sister died before your father and he never revised his will, then the sister's children would inherit the share of their deceased parent pursuant to the anti-lapse statutes.

The third possibility might be if a partial intestacy resulted somehow under the will or if the will failed to dispose of some asset. If an intestacy resulted, then as to the intestate property only, the sister's children would have to split their mother's 1/3rd share.

I suggest that you have the will reviewed by a probate attorney who practices in the county/state where your father lived at prior to his death just to be certain that the children have no possible claim.

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Answered on 2/07/15, 12:09 am
Scott Riddle Law Office of Scott B. Riddle, LLC

Nothing in your post actually tells us what the will says. The executor obviously needs a lawyer for the estate to answer these questions and handle it properly.

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Answered on 2/07/15, 6:04 am


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