Legal Question in Wills and Trusts in Georgia

If there is seven heirs all nephews which is three sets of brothers will the property be split three ways then seven or would it all be equaly spilt between each other


Asked on 6/22/12, 11:05 am

1 Answer from Attorneys

I don't mean to sound stupid, but your post is confusing.

First, who died? Did the dead person have a will? Were they survived by a spouse and/or children (biological or adopted)? Where did the person who died live at the time of their death? In Georgia? Or elsewhere? What did the person who died own? Land? How was it titled?

If the person who died had a will, then the probate assets will pass as per the will to the beneficiaries named in the will. If the person had no will, then it will pass as per the intestacy laws.

While you need to talk with a probate attorney in the county/state where the dead person resided (or you need to try re-posting with more relevant details), I'll try to answer what I think is the question.

If the person who died had no will and no spouse or children and owned land solely in his/her name, then the land would pass to the dead person's parents. If the parents are dead, then to the siblings of the dead person. If those siblings are alive, they each inherit 1/3rd if there are only 3.

If one or all of the siblings are dead but there are children of the dead siblings, then the children can inherit their dead parent's share. So if all the siblings are dead and there were 3 siblings, and they had 7 kids between them, then sibling A's children get 1/3rd, sibling B's children get 1/3rd and sibling C's children get 1/3rd. They do not get a 1/7th share. If one sibling had 4 kids, another sibling had 2 kids and a third sibling had 1, then the distribution would be: 1/3rd to the one child, 1/6 th to the 2 kids and 1/12th to each of the 4 kids.

If this is confusing, then you need to see a probate lawyer - he or she will need to know who died, when the person died, what the person owned, if they had a will and the names of all the relatives. The attorney can then figure out what the probate share would be,

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Answered on 6/22/12, 2:42 pm


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