Heirs

[igapeach]

I would like to know what the legal side is to not mentioning a heir in your will in the state of Georgia? My dad wrote his will in 1978. He died this year. He did not mention any of the kids at all. His second wife got everything. I would like to find the laws on this.


Angie

 

[BERNARD CLARK]

estates, maryland

a mother and a son are the coowners of a building, the son passed away, the son has a wife and a son, what happens to the property.

 

[BERNARD CLARK]

Re: estates, maryland

a mother and a son are the coowners of a building, the son passed away, the son has a wife and a son, what happens to the property.

bernard clark, baltimore, maryland

 

[ALawyer]

You guys posted a new question in answer to an old question....

To IGAPEACH -- What do you mean "she got everything"? Did the Will get filed for probate and did the kids get notice? That's what's required. Did the kids object to the Will? And what happened? Or are you asking if they CAN successfully object?

Regardless, they'll need a lawyer to review the Will and determine if it is defective on its face, or if the facts suggest it can be challanged. IF the kids were born AFTER the Will was drawn, then they clearly have rights to inherit.

BERNARD CLARK. It all depends on EXACTLY how the title was held -- if held as Joint Tenancy with right of survivorship, everything goes to the survivor. If held as tenants in common, then the deceased's esatte continues to own what the deceased owned, and it goes to the deceased's heirs under a Will or by operation of law.

 

[advisor10]

OCT. 9, 2001

DEAR IGAPEACH:

The probate law in Georgia is listed as theh CODE OF GEORGIA, ANNOTATED, TITLE 53-2-1+. The section about who must be mentioned in the will is located at Section53-2-76. However, these details and language are very detailed (and may be somewhat confusing for the average person to read), and so it is very important that you consult with a local probate attorney to find out exactly what your son may be entitled to.

You would think that the judge or the attorneys would have made an honest effort to find your son and notify him of his eligibility as an heir, but there is no telling what really happened. If possible, you should visit the county courthouse (of the city where his father died) to at least look at the probate file to see exactly how the estate was handled and how much it was worth and who the second wife's attorneys were and who the estate executor was.

SINCERELY,

[email protected]