Marietta, GA asked in Probate for Georgia

Q: probating will solemn form

I am trying to probate will solemn form for my dad who passed. I am the only living child, I have two deceased brothers who died before him. They had children, so would they be considered representatives on paragraph 4 of the form?

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3 Lawyer Answers
Jennifer Pierce
Jennifer Pierce
Answered
  • Estate Planning Lawyer
  • Johns Creek, GA
  • Licensed in Georgia

A: Presuming you are using the standard form, the children of your deceased brothers would be included in Paragraphs 3 & 4.

James Clifton
PREMIUM
James Clifton
Answered
  • Probate Lawyer
  • Fayetteville, GA
  • Licensed in Georgia

A: The children of your deceased siblings are considered heirs of your father and must be provided served with the probate paperwork. Whether they inherit anything from your father's estate would be determined under the will if the will is proven valid. However, they have the opportunity to contest the will as heirs.

Zainab Major Brown agrees with this answer

Robert W. Hughes Jr.
PREMIUM
Robert W. Hughes Jr.
Answered
  • Probate Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: Yes, they must be disclosed. Whether they inherit under the will is a different question. You should consult with a probate attorney to determine whether they inherit your brothers' share under the will.

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