Q: Is my late uncle's wife entitled to his part of the inheritance?
My grandmother passed away a few years ago. Her house was left to her surviving children. Recently, 2 of his siblings passed away, both with leaving children of their own. My dad and his sisters want to do a major renovation on the house, but my uncle's widow is insistent that she's entitled to his part of the inheritance, and is trying to buy them out of the house. Legally, does she have any right to the house at all?
A: It depends on whether your grandmother and uncle had a will. If neither of them did, then your uncle's wife and your uncle's children inherit his portion of the property. The husband and children of your aunt who is also deceased are also joint owners of the property. If your uncle or grandmother had a will, the division of the property may vary based on the terms of the wills. Schedule a free consultation to make sure your family's inheritance is preserved as it should be.
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A:
In Georgia, the rights of a surviving spouse to an inheritance depend on how the estate was structured and the specifics of the will, if there is one. When your grandmother passed away and left her house to her surviving children, the inheritance rights would typically follow her will or, in the absence of a will, Georgia's intestate succession laws.
If your late uncle inherited a share of the house and then passed away, his share would generally pass according to his own estate plan, or if he didn't have a will, it would pass under intestate succession laws. In many cases, this would mean his share would go to his surviving spouse, unless there are specific stipulations in the will or estate plan.
However, if the inheritance was structured in a way that includes survivorship rights among the siblings (for instance, as joint tenants with right of survivorship), then the share might automatically pass to the surviving siblings, not the widow.
To understand the specific legal rights involved, it would be wise to review the wills of both your grandmother and your uncle, if available. Consider consulting with an attorney who has expertise in estate planning and probate law. They can provide a clear interpretation of the wills and applicable laws, and advise on the best course of action. Remember, the specifics of each case can greatly influence the legal outcome, so it's important to get professional advice tailored to your particular situation.
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