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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 28504
Experience:  29 years in civil, probate, real estate, elder law
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Under Georgia code is a woman dies intestate, having her four

Customer Question

Under Georgia code is a woman dies intestate, having her four children predecease (two of which were widows and childless), how does the estate get divided. The other two children had children (the decedent's grandchildren). One had three children one of which also died leaving behind two children. The other had 1 child still alive. The relevant law is Georgia Code- Title 53, Section 53-2-1. I understand this to be per stirpes but it doesn't say if it is the modern or traditional and simply says the surviving children of a deceased heir takes their place. I haven't found any statute explaining whether a surviving grandchild to an heir also gets a share. In other words is the estate divided half way between the two children or does it get further divided with the grandchildren thanks
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

RayAnswers :

Thanks for your question and good evening.My sympathy for your loss of loved one.Let's go through this.

RayAnswers :

The deceased woman here if she had no will her estate passe under the laws of intestacy.

RayAnswers :

(a) For purposes of this Code section:

(1) Children of the decedent who are born after the decedent´s death are considered children in being at the decedent´s death, provided they were conceived prior to the decedent´s death, were born within ten months of the decedent´s death, and survived 120 hours or more after birth; and

(2) The half-blood, whether on the maternal or paternal side, are considered equally with the whole-blood, so that the children of any common parent are treated as brothers and sisters to each other.

(b) When a decedent died without a will, the following rules shall determine such decedent´s heirs:

(1) Upon the death of an individual who is survived by a spouse but not by any child or other descendant, the spouse is the sole heir. If the decedent is also survived by any child or other descendant, the spouse shall share equally with the children, with the descendants of any deceased child taking that child´s share, per stirpes; provided, however, that the spouse´s portion shall not be less than a one-third share;

(2) If the decedent is not survived by a spouse, the heirs shall be those relatives, as provided in this Code section, who are in the nearest degree to the decedent in which there is any survivor;

(3) Children of the decedent are in the first degree, and those who survive the decedent shall share the estate equally, with the descendants of any deceased child taking, per stirpes, the share that child would have taken if in life;

(4) Parents of the decedent are in the second degree, and those who survive the decedent shall share the estate equally;

(5) Siblings of the decedent are in the third degree, and those who survive the decedent shall share the estate equally, with the descendants of any deceased sibling taking, per stirpes, the share that sibling would have taken if in life; provided, however, that, subject to the provisions of paragraph (1) of subsection (f) of Code Section 53-1-20, if no sibling survives the decedent, the nieces and nephews who survive the decedent shall take the estate in equal shares, with the descendants of any deceased niece or nephew taking, per stirpes, the share that niece or nephew would have taken if in life;

(6) Grandparents of the decedent are in the fourth degree, and those who survive the decedent shall share the estate equally;

(7) Uncles and aunts of the decedent are in the fifth degree, and those who survive the decedent shall share the estate equally, with the children of any deceased uncle or aunt taking, per stirpes, the share that uncle or aunt would have taken if in life; provided, however, that, subject to the provisions of paragraph (1) of subsection (f) of Code Section 53-1-20, if no uncle or aunt of the decedent survives the decedent, the first cousins who survive the decedent shall share the estate equally; and

(8) The more remote degrees of kinship shall be determined by counting the number of steps in the chain from the relative to the closest common ancestor of the relative and decedent and the number of steps in the chain from the common ancestor to the decedent. The sum of the steps in the two chains shall be the degree of kinship, and the surviving relatives with the lowest sum shall be in the nearest degree and shall share the estate equally.

Customer :

Thanks I appreciate it

RayAnswers :

This section controls the predeceased children.

RayAnswers :

(1) Upon the death of an individual who is survived by a spouse but not by any child or other descendant, the spouse is the sole heir. If the decedent is also survived by any child or other descendant, the spouse shall share equally with the children, with the descendants of any deceased child taking that child´s share, per stirpes; provided, however, that the spouse´s portion shall not be less than a one-third share;

Customer :

so the relevant section is b(3)

Customer :

yes

RayAnswers :

So here it would go to their children.If no children for them it may go back to the laws of intestacy and pass to others down the line in the rest of the statute.

Customer :

there is no spouse tho

Customer :

so its just the children

Customer :

in b(3) tho it says if the children die then their child may become the new heir

RayAnswers :

The two here that have no kids--then you have to go back to the law and go to the next rounds.

RayAnswers :

(3) Children of the decedent are in the first degree, and those who survive the decedent shall share the estate equally, with the descendants of any deceased child taking, per stirpes, the share that child would have taken if in life;

(4) Parents of the decedent are in the second degree, and those who survive the decedent shall share the estate equally;

(5) Siblings of the decedent are in the third degree, and those who survive the decedent shall share the estate equally, with the descendants of any deceased sibling taking, per stirpes, the share that sibling would have taken if in life; provided, however, that, subject to the provisions of paragraph (1) of subsection (f) of Code Section 53-1-20, if no sibling survives the decedent, the nieces and nephews who survive the decedent shall take the estate in equal shares, with the descendants of any deceased niece or nephew taking, per stirpes, the share that niece or nephew would have taken if in life;

RayAnswers :

So if they had no children it passes to their parent if there was one alive and then to their brothers and sisters.

RayAnswers :

So here the two children without kids for starters you would have to take their shares and then apply the law to see who the heirs for them are.

Customer :

It wouldn't be that if janet and connie werent married and didnt have children their share would go into the other two son's estate?

RayAnswers :

The other two you would look to see if they had kids or not and again work down the list.Ultimately the probate court here in probate determines the legal heirs using this law and their shares during probate.

Customer :

ok so with those two they each had a chld survive

RayAnswers :

So no here what it is stating is that each sibling if they have children it passe to those children equally.If no children then back to the law to determine where their shares goes here.

RayAnswers :

So you go down the list until you find where that person's share is given in the event they predecease their mother.

Customer :

so they would inherit from them but then what if the inheriting grandchild of the testator had a brother who also died would their child split the half or it all goes to the one

RayAnswers :

It depends here on when they die too.All of these folks have to predecease for this to apply.Anybody dieing afterwards say during probate their will comes into play or their own separate laws of intestacy.

RayAnswers :

So assuming we are talking about predeceasing mother....

RayAnswers :

So here for clarification siblings predecease mother so you go down the list above to see where their share goes to.

RayAnswers :

And it states that any children of the decedent are in the first degree, and those who survive the decedent shall share the estate equally, with the descendants of any deceased child taking, per stirpes, the share that child would have taken if in life

RayAnswers :

So the court would have to decide in the event of a predeceased grandchild who the descendants were that then get the child's share.

RayAnswers :

This can get pretty complicated and many times the judge has to decide when we are getting down to secondary relatives.

Customer :

yes so mother dies 4 children...all predecease...two have no spouse or children...the other two have children. So with that the two of them would take the shares equally say 10,000= 5,000 each. My question is if there was another child of the deceased heir would their child inherit his share or does it stop once a generational level is hit

RayAnswers :

The idea is that the children here all take equally, if they have predeceased it goes to their descendants.The surviving children do not necessarily get a larger share.

Customer :

ok

RayAnswers :

So the two children here with no kids of their own you go back to the list above.It would go to their surviving parent if they had one, then it goes to their siblings if any survived..

RayAnswers :

If none survived..

RayAnswers :

if no sibling survives the decedent, the nieces and nephews who survive the decedent shall take the estate in equal shares, with the descendants of any deceased niece or nephew taking, per stirpes, the share that niece or nephew would have taken if in life;

Customer :

thanks.

RayAnswers :

No problem.Thanks so much for your patience tomight.

RayAnswers :

I appreciate the chance to help you.

Customer :

Yea my one issue was with the one grandchild heir who had a brother who also predeceased my grandmother. I wasn't sure if his child would move in for him as well

RayAnswers :

I know this can get real complicated.Sometimes the court has to really go through the law and they name the legal heirs by order of the court.

RayAnswers :

They also set out the shares so that the heirs know what they will be getting.

RayAnswers :

As I understand you it would appear the3 child here would move in to take the share.

RayAnswers :

Thanks again.

RayAnswers :

I hope that you will be so kind as to leave a positive rating. If you do have any additional questions about my answer please click the "Continue Conversation Link"so I can provide you with a fully satisfactory answer. Please be aware that any rating of 1 or 2 is reflected as a negative rating and I receive no credit for my answers.

This communication does not establish an here is not legal advice. Rather it is simply general information. attorney-client relationship.Information provided

RayAnswers :

If you can leave a positive rating it is always appreciated.Thanks again and good luck with all.

Customer :

ok thanks

Expert:  Ray replied 1 year ago.
You are welcome.Have a great evening.

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