QUESTION

Does deceased husband's name need to be specified in aunt's will in GA?

Asked on Jul 22nd, 2016 on Wills and Probate - Georgia
More details to this question:
In her will, my spouse's aunt made him and his sister heirs to property she owned. They attempted to probate her will, but it was rejected because her deceased husband was referenced, but his name was not specified. The clerk indicated that they would need proof there was not another husband. What would be the best way to provide proof and probate the will? Would an attorney be necessary to assist with this matter?
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2 ANSWERS

Probate Litigation Attorney serving Lawrenceville, GA at Robert W. Hughes & Associates, P.C.
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To the extent that the aunt was married, please provide eth court with either a divorce decree or a death certificate to prove to the court that the aunt died unmarried.
Answered on Jul 25th, 2016 at 11:09 AM

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Wills Attorney serving Alpharetta, GA
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Your spouse's aunt didn't make him or his sister heirs: she made them beneficiaries. There's a big difference. In Georgia, the heirs are the people who would receive the deceased person's remaining probate estate assets if there were no Will. The heirs are given the chance to object to having a proposed Will admitted to probate. A Will must be admitted to probate before it is deemed valid and legally binding. The people named to receive assets from the estate under a Will are beneficiaries. When the Will was offered for probate, a Petition to Probate Will should have been filed with it (hopefully, the Petition was a Solemn Form petition, and not a Common Form petittion). In that Petition, there is a section where you are asked to list the deceased person's heirs (this is determined as of the moment of death, and looks only to the living people who would be potential heirs). In Georgia, if a person was married at her death, her spouse would be one of her heirs (along with her children or other descendants, if there are any). If the person has no descendants but does have a surviving spouse, the spouse is the person's ONLY heir. The section of the Petition that asks for a list of the person's heirs is followed by a section in which the person seeking to become Executor of the estate must explain the facts needed to allow the court to determine whether there are any persons who might be heirs who are not listed on the Petition in the preceding section. In the case of a deceased person who had been married, but who was not survived by a spouse because her spouse predeceased her and she had not remarried, you would actually state that. For example, you could say "The Decedent was not married at the time of her death, as her spouse, X, predeceased her, dying on X/Y/ZZZZ, and she had not remarried prior to her death." If the person did not have any descendants, you would then add something like "The Decedent never had or adopted any children during her lifetime, and she did not have any descendants living at the time of her death." You would then need to describe any other people who might be her heirs. If there was no spouse and no descendant, the next people in line to be heirs in Georgia are her parents, so you have to discuss them. If neither parent survived, then the next people in line are her siblings. If a sibling predeceased her, that sibling's children become heirs in place of that sibling, and so on. This is generally the only proof that is necessary, if this part of the Petition is filled out correctly.  
Answered on Jul 25th, 2016 at 5:40 AM

This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.

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