Asked in Estate Planning and Probate for Georgia

Q: If a named beneficiary in a Will is already deceased, has no spouse and no dependents where/who does the benefits go?

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2 Lawyer Answers
Jake  Slowik
Jake Slowik
Answered
  • Estate Planning Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: The exact outcome depends on the specific wording of the Will, the laws of the jurisdiction where the Will is being probated, and the particular circumstances of the case. To determine the precise distribution in a specific situation, it would be advisable to consult with a local estate planning attorney. Feel free to reach out for a consultation.

Nina Whitehurst agrees with this answer

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

A: It depends on whether the bequest was given in the will per stirpes or per capita. If per stirpes, the gift flows to the lineal descendants of the beneficiary - children, grand children, great grandchildren, etc. If there are no lineal descendants, the bequest goes to the residuary beneficiary in the will. If the bequest was given per capita, the other beneficiaries receive the deceased beneficiary's share. This is a simplified explanation of the possible scenarios and a review of the will itself is necessary to fully answer the question.

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