Asked in Land Use & Zoning, Real Estate Law and Probate for Georgia

Q: Land was given to 2 siblings in a will. One sibling passed away and was married. Does the widow of the deceased person

Does the widow of the deceased person has rights to the land? No will was made for the deceased person to give the land to their spouse.

1 Lawyer Answer
James Clifton
James Clifton
  • Probate Lawyer
  • Fayetteville, GA
  • Licensed in Georgia

A: The exact answer depends on a few factors regarding the dates of death of the parent and child and the terms of the will. If the will listed the child died before the parent, the gift of the land will depend on whether the gift was listed as per stirpes, per capita, or otherwise. If the parent passed away first, the gift to the now deceased sibling would pass according to the laws of intestacy to the deceased sibling's heirs which would be the spouse and children if any. Schedule a free consultation to have an attorney review the will so that the interest in the land is preserved for the rightful owners.

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