QUESTION

My mother is the only living sibiling from her parents estate. Do she take priority over her other living relatives fro property left with out a will?

Asked on May 18th, 2016 on Wills and Probate - Georgia
More details to this question:
Her brothers died ,one had five kids one had none but left his estate to me who was his nephew of his sister.
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2 ANSWERS

Wills Attorney serving Alpharetta, GA
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Did your mother's parents really both die at exactly the same time? If not, this answer may be different. I'll assume for purposes of this answer that they did, although that seems unlikely. I will also assume that neither of her parents had a Will. If a couple both died at the same time, without any Wills in effect, then Georgia law would provide that their heirs would receive their net probate estate (assets that become part of their probate estate and that remain after all debts, administration expenses, and taxes have been paid). If the couple has any children or other living descendants (including grandchildren, great-grandchildren, and great-great-grandchildren), then their heirs would include (1) any living child (like your mother) AND (2) the children of any child who died before them. It would NOT include beneficiaries of the estate of a child who died before both of them. So, under the facts you state, it sounds like, if your grandparents both died at the same time, with no Wills, survived by their daughter (your mother) and five children from one of their predeceased sons, then your mother is an heir and the five grandchildren are heirs. Your mother will be entitled to half (since there are only two children who will be counted for this purpose: your mother and the brother who did have children), and the five children from her deceased brother will divide the other half equally between them (assuming that all of them did survive their grandparents). You, as the beneficiary of your other's uncle's estate, are not an heir to your grandparents' estate because your mother survived you, and you wouldn't receive any share through your deceased uncle because he didn't survive your grandparents and did not have any children of his own, so he isn't one of your grandparents' heirs. If your mother intends to try to administer her parents' estates, she really should consult a good probate attorney. If she doesn't do things correctly, she can end up becoming legally liable to creditors or the other heirs.  
Answered on May 23rd, 2016 at 5:13 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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Probate Litigation Attorney serving Lawrenceville, GA at Robert W. Hughes & Associates, P.C.
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In Georgia, if you die unmarried, your estate goes to your children.  If there are children who predeceased the parents, the grandchildren will inherit in place of their parent.  Each child will get an equal share of the estate.  If the child did not leave children, then that child is omitted and the remaining children take a larger share.
Answered on May 18th, 2016 at 7:39 AM

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