deceased heir

[sheena b.]

my father's will stated that everything was to be sold and divided equally among his living children. at the time of the writing of his will, he had one son deceased, and named the children of the deceased to receive equally what would have been the deceased son's share.since his death, another son has died. this son recieved his share of the monies that were divided soon after my father's death.it has been over three years now, and the larger portion of the property, still hasn't sold.my question is, does the money from the sale of the property, go to the second deceased son's widow or to their only child? this is is the state of ga. thanks, sheena b.

 

[advisor10]

JULY 27, 2001

DEAR SHEENA:

This is a situation where you really need to take the will to a probate attorney locally to get an interpretation of exactly who gets what. Sometimes when a beneficiary is deceased, that person's share of what he would have gotten is cancelled or may be distributed to someone else, depending on the language of the will. In this case since the beneficiaries were specifically named relatives of the deceased beneficiary, then this might be an exception where they might be eligible.

You need someone experienced in probate law to advise you properly to see if you have case in claiming anything or not.

SINCERELY,

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