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Loren
Loren, Attorney
Category: Estate Law
Satisfied Customers: 34018
Experience:  30 years experience in the practice of estate law.
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My great uncle died in georgia many years ago with out a

Customer Question

My great uncle died in georgia many years ago with out a will.he was married to my grandmother sister,my great uncle had three kids before he got married to my great aunt.
My great aunt and grandmother and my mother has died.Am I intitled to my great aunt part of the property. My mother was helping to pay part of the taxes on the property.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Loren replied 1 year ago.

Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.

Expert:  Loren replied 1 year ago.

Was the property solely in the great uncle's name? Did he predecease your great aunt? Is anyone claiming the property now? Is it still in the great uncle's name?

Expert:  Loren replied 1 year ago.

Are you online with me?

Customer: replied 1 year ago.
The great uncle died before my great aunt and the children's of his three sons are claiming most of the property.
Customer: replied 1 year ago.
The property is in an estate
Expert:  Loren replied 1 year ago.

Was the property only in his name when he died?

Expert:  Loren replied 1 year ago.

Also, which state?

Customer: replied 1 year ago.
I have the marriage license of the great aunt. The state is Georgia.
Expert:  Loren replied 1 year ago.

Thank you for the additional information.

Expert:  Loren replied 1 year ago.

Under Georgia law, your great uncle's estate would have been divided equally between his children and surviving spouse (your grandmother). However the surviving spouse's share can never be less than 1/3. So the sons would have split 2/3 and you grandmother was entitled to the remaining 1/3.

If she had a will when she died then her 1/3 would pass as directed in the will. Otherwise, it would follow her childrens' bloodline (assuming she did not leave a surviving spouse). If she had no children then it would pass to her siblings and then to her children.

Expert:  Loren replied 1 year ago.

Are you still online with me?

Expert:  Loren replied 1 year ago.

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