Canton, GA asked in Estate Planning, Personal Injury and Probate for Georgia

Q: How does a potential heir waive right to claim in Georgia

Deceased killed in accident. Surviving spouse seeks waiver of right of potential heir to receive assets or income from estate. What document is needed?

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

A: This is far more complicated than it seems. If the spouse has a wrongful death claim, and elects not to pursue it, the claim goes away. No one else can pursue it. If she wants to pursue the claim, but does not want the money, she has to first get it, and then give it away, which comes with gift tax ramifications. She should seek very experienced advisors on how to do this without incurring any tax ramifications.

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

A: If there is a surviving spouse and children, all of them would be entitled to compensation from the wrongful death claim. The children would need to file renunciations in order for the spouse to receive full compensation from the wrongful death claim. You are likely dealing with very complicated cases for both the wrongful death and probate. It would be best to utilize an attorney for both of those issues. Schedule a free consultation to make sure you are covered.

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