Atlanta, GA asked in Estate Planning for Georgia

Q: My aunt died she had 3 other siblings 2 are still alive 1 has died she had a daughter is that daughter considered a heir

Also she had no kids

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2 Lawyer Answers
Nina Whitehurst
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Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: Yes, your aunt's daughter is considered an heir, but the matter of who inherits depends on whether she had a will. If she had a will that determines who inherits. If she did not have a will, then the laws of intestate succession apply. If your aunt was unmarried when she died then her daughter would be considered her nearest next of kin and would inherit her entire estate.

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

A: Your aunt's will determines who inherits. If she never had any children and she was not married when she died, her parents will inherit. If her parents are dead, her siblings inherit. If the deceased siblings has children, those children will inherit their parent's share.

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