QUESTION

My Mother died without a will with eight grown kids.She has two brothers still alive, are they intitled to part of the estate?

Asked on Aug 08th, 2021 on Wills and Probate - Georgia
More details to this question:
Will my Mothers Brothers get a part of her estate ?
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2 ANSWERS

Probate Litigation Attorney serving Lawrenceville, GA at Robert W. Hughes & Associates, P.C.
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Only spouse and children will inherit unless a child predeceased her. In that case, the predeceased child's children will inherit. Brothers and sisters will not inherit under any circumstance  
Answered on Aug 09th, 2021 at 7:21 AM

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Wills Attorney serving Alpharetta, GA
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Please accept my condolences on the loss of your mother. As for your question, I will assume your mother had her principal residence in Georgia, but the answer might be similar in most states. In Georgia, if a person dies without a Will, then the persons who will receive her net probate estate (what remains after debts, expenses, and taxes, as well as any year's support award paid to a surviving spouse or a surviving minor child, have been paid) will be distributed to her heirs. In Georgia, if a person is married and her spouse survives her, her spouse is an heir, and if the person has children (or grandchildren or other descendants) who survive her, the children (or grandchildren or other descendants) will be heirs. Her siblings would NOT be heirs under Georgia law unless (A) she had no surviving spouse, (B) she had no surviving child, grandchild, or other descendant), and (C) neither of her parents survived her (parents come before siblings as heirs, but after a spouse and descendants). So, in your mother's case, if she was not married at her death and had no surviving spouse, and if she had 8 children, all of whom survived her, the 8 children would be her heirs. If she had any children who died before her, then the children of that child would generally take that child's place as heirs, to split the share that the child would have received. I do urge whoever might wish to become the Administrator of her estate to get the help of an experienced probate attorney- there are a lot of pitfalls that can cost time and money, and that an attorney can help you avoid.
Answered on Aug 09th, 2021 at 5:39 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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