Covington, GA asked in Estate Planning, Real Estate Law and Probate for Georgia

Q: Do an heir's interests in a will passes to their offsprings if heir dies intestate and dies after the deceased?

My grandfather passed away in 2007, and leaves real estate to all his children and to the offsprings of a deceased daughter who was already dead at time will was written.

This will is now in probate and three children of my grandfather are now dead. Because the will originally bequeathed my mother's share to me, and my siblings and named the three of us in the will; the family thinks the offsprings of the dead children (who died after the deceased) have (their parents) interests in property.

I would like to know if it is legal (in Georgia) to pass heirship to children , if the heir died intestate and after the deceased (my grandfather), or does heirship die with beneficiary?

Please note, their is no language in the original will that beneficiary can pass their interests upon their death.

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

A: I don't like not giving advice when someone writes in and ask for it, but your questions are too complex to give a general answer to. A lawyer experienced in probate law needs to examine all the wills and the dates of death of all concerned to give you a firm answer as to who is entitled to inherit from each estate. Please contact a lawyer with significant probate experience to get proper answers to the questions you raise. It probably will be necessary to hire a lawyer for an hour or 2 to get a proper answer.

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