QUESTION

if a beneficiary dies before the testator

Asked on May 30th, 2014 on Wills and Probate - Georgia
More details to this question:
my brother was beneficiary of my father's will ...my brother passed away BEFORE my father, but the will wasn't changed...I am the only other child....my brother has a widow and 4 children....what happens now as far as my father's assets...
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1 ANSWER

Wills Attorney serving Alpharetta, GA
4 Awards
Assuming that your father had his principal residence in Georgia at the time of his death, the question of what happens to your brother's share under your father's Will would be answered as follows: 1. If the Will specifies what happens, that is what happens. For example, if your father's Will says that only his children who survive him are to receive shares, then your brother does not receive any share and you (assuming you did survive your father) would receive all assets passing to the children, since you are the only other child. If the Will says that your father's assets are to be divided into equal shares, one for any child who survives him and one for any child who dies before him and leaves one or more descendants who survive your father, then you would receive one share and the other share will benefit your brother's children. But if the Will says what happens, then it should control. 2. If the Will does NOT specify what happens, THEN the question is whether the state's anti-lapse statute would require your brother's share to pass to his children or whether the share lapses (does not get created). To be able to say which answer applies, or what the result is if number 2 is the case, an attorney would have to see the actual Will and other relevant facts. I'd recommend that you consult one who is licensed by the state where your father had his main residence. I would also point out this: if your brother predeceased your father, his children are your father's heirs under Georgia law, along with you, since they take your brother's place in the family tree. If your father was married at the time of his death, then his spouse is also an heir. Being an heir doesn't guarantee benefits, but it does mean you have a right to challenge the Will's admission to probate, if desired.    
Answered on Jun 02nd, 2014 at 2:56 PM

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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