Marietta, GA asked in Estate Planning for Georgia

Q: If something is left in a will, but another heir somehow has already taken possession of it before death, what happens

Related Topics:
2 Lawyer Answers
John W. Chambers Jr
John W. Chambers Jr
Answered
  • Estate Planning Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: O.C.G.A. Section 53-4-66 provides: "Except as provided in Code Section 53-4-67, a specific testamentary gift is adeemed or destroyed, wholly or in part, when the testator for any reason does not own the subject of such gift at death." Assuming that the property was given to someone else by the testator, then the gift would not be effective. On the other hand, if property were stolen by someone from the testator, the executor would have a claim against the person who stole the property. You should seek the advice of a probate attorney if you have questions about how the above quoted statute might apply to the facts of this particular matter.

Robert W. Hughes Jr.
Robert W. Hughes Jr.
Answered
  • Estate Planning Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: If you are left an item in will, but the person who drafted the will (testator) dies without possession of the item, you will not inherit the item under most circumstances. In some cases, if the item is sold and the money received for it is still in the possession of the testator, you could get the money in place of the item.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.