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

Q: Does property left to "heirs of the heir" NEED to be held jointly?

"Heir" is deceased. Family decided widow is not a legal heir, so descended to children. Family insists property MUST be held jointly, giving control to one child, avoiding any input from other heir.

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

A: First of all, the exact language in the will controls. Usually, just one sentence from the will is not sufficient to interpret the will. That said, the spouse is an heir, and is the primary heir. Assuming multiple children exist as heirs, they all stand on equal footing and the property should be held by all heirs as tenants in common.

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