Kansas City, MO asked in Estate Planning for Georgia

Q: Have one inheritance question from the Will of a GA deceased who left monies to an individual who predeceased her.

Nephew predeceased her (decedent) & never married. He was son of her sister (hence nephew), sister (mother) predeceased the son. Father of son (who is also now deceased) remarried & had two children by another mother, so the nephew would technically have a half brother/sister. Grandparents, aunts & uncles all deceased. Two first cousins of decedent still living. What does GA law say in terms of the monies left to the nephew? Does it go to the half brother/half sister or the first cousins of the decedent?

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1 Lawyer Answer
Janelle Johnson
Janelle Johnson
Answered
  • Estate Planning Lawyer
  • Washington, DC
  • Licensed in Georgia

A: The will, as long as it's valid, is what controls in this situation. You have to the look to the intent of the testator and what is to happen to the remainder shares when a beneficiary is no longer available to receive under the will.

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