• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

will dilemma

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

hydrolicpurp

Junior Member
Georgia. My grandfather put my mother into his will. she died and didnt get a chance to recieve her inheritance. she left behind 3 sons, a husband, a sister and brother. Who gets the inheritance first? :confused:What is the name of your state (only U.S. law)?
 


anteater

Senior Member
I assume that you mean that your mother passed away before your grandfather. Is that correct?

If so, it would depend upon the provisions of your grandfather's will. A well-written will would have provisions for the possibility of a beneficiary predeceasing the person making the will. Based only on experience and not a scientific survey, most wills with provisions dealing with this possibility leave the gift to the predeceased beneficiary's descendants. But the person making the will is free to specify otherwise. That gift could be shared among other beneficiaries. It could be directed to someone else entirely. Or, for that matter, the will could direct that a gift to a predeceased beneficiary go to the Little Sisters of the Poor.

If the will has absolutely no provisions dealing with the possibility, then one looks to state law to determine the disposition of the gift to your mother. Georgia has what is called an anti-lapse statute that directs what happens to the gift to the predeceased beneficiary if the will is silent on the matter.

§ 53-4-64. (Revised Probate Code of 1998) Death of beneficiary before will executed or before death of testator

(a) If a beneficiary is dead when the will is executed or otherwise dies before the testator, but has any descendants living at the death of the testator, the testamentary gift, if absolute and without remainder or limitation, shall not lapse but shall vest in the descendants of the beneficiary in the same proportions as if inherited directly from the deceased beneficiary under the intestacy laws of this state.
...
ADDITION: If you mean that your mother passed away after your grandfather, but before distributions were made from your grandfather's estate, then the gift from grandfather would be distributed to your mother's estate. Who eventually receives it would depend upon the provisions in your mother's will or Georgia's intestate succession statute if she had no will.
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top