Legal Question in Wills and Trusts in Georgia

deceased heirs

My aunt's will lists three heirs. Two have passed, and one is not expected to live. My aunt's mental state does not allow a change to the will.

What happens if she out lives the last heir? How is her estate settled?


Asked on 11/01/05, 3:35 pm

2 Answers from Attorneys

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: deceased heirs

If the heirs have children, their share would most likely be divided equally among their children. Also, there should be a provision for the remainder of the estate, through which the heir�s share would flow if they had no children. If not, Georgia's intestacy laws would dictate who gets what.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.MacGregorLyon.com

Read more
Answered on 11/01/05, 3:41 pm
Charles W. Field Charles W. Field, Attorney at Law

Re: deceased heirs

Her estate will PROBABLY go to the heirs of the beneficiaries named in the will. You should consult with a local attorney to review the will.

Read more
Answered on 11/08/05, 4:57 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Georgia