Learn Important Probate Essentials, including key things that go wrong in an estate, how to prevent them, and what to do if they happen.
When someone who is an heir or a beneficiary of an estate dies while that estate is still pending, Georgia probate law says that the property that was supposed to go to that person will be inherited that person’s estate instead. For example, let’s assume your spouse’s parent passes away first. Your spouse was supposed inherit a portion of his or her parent’s estate, but your spouse dies before their parent’s estate was settled. In this situation, the portion of the parent’s estate that was supposed to go to your spouse becomes a part of your spouse’s estate.
So, where the parent’s property ultimately ends up will be determined by how your spouse’s estate is set up. If there is a will, then it will direct what happens to the property.
If your spouse did not have a will, then the property will go to the heirs at law. The heirs are determined by Georgia probate law.
One thing to keep in mind when a spouse passes away is that Georgia has very strong spousal support statutes called year’s support. Year’s support is a special, and complicated, petition that can allow the probate court to award part or all of an estate to a surviving spouse.
Multiple estate situations can get pretty complex fast. As a result, we recommend that anyone facing this type of issue call our office for a consultation.
What is ancillary probate? How do you know if it applies to your situation? We will answer those questions and more in this post. My name is Erik Broel & I am the founder & CEO of Georgia Probate Law Group. At our firm, we help families who have lost a loved one navigate the complex a...
What can you do when a family member begins to take control of an estate? There are several options, and we will review some important ones in this post. My name is Erik Broel & I am the founder & CEO of Georgia Probate Law Group. At our firm, we help families who have lost a loved one ...
What are the inheritance rights of spouses in Georgia? Does the surviving spouse automatically inherit everything? For that matter, does the surviving spouse even need to open probate? We will answer those questions and more in this post. My name is Erik Broel & I am the founder & C...
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