Lagrange, GA asked in Estate Planning for Georgia

Q: With no will, can a minor grandchild inherit a house if the deceased told this to 7 adults, two weeks before he passed ?

Also he had a twenty year girlfriend who he absolutely held out as nothing more than just that. Would she have any claims given she lived with him, under those circumstances ? What would be the proper sequence of actions to take given these issues?

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2 Lawyer Answers

A: I assume from your question that the grandfather died without a will. If so, then his estate will pass to his spouse and his children. Without a will, the grandchild will not inherit anything unless the grandchild's parent has passed away and the grandchild inherits whatever his parent would have inherited. The only way for a girlfriend to inherit is if she has been with grandfather since 1997 and claims they are common law married.

A: Under Georgia law, the property to be distributed from the estate of a person who dies without a will passes to his or her heirs. The persons who constitute the "heirs" are specified under Georgia law. Being a "girlfriend" does not make the girlfriend an "heir" under Georgia law Whoever has an interest in the estate should consult with a probate attorney.

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