Legal Question in Real Estate Law in Georgia
Will not probated
My aunt died and left a will but it was not probated- she had one son and he was name to receive the property if she died first and in the will I was to receive the property if her son died first - My aunt died first, and then her son died and he left no will and has no heirs - I have the a copy of my aunt's will - can it be probated - she died several years ago and he, her son, has been dead three years
2 Answers from Attorneys
Re: Will not probated
Consult with a probate attorney in the area where your aunt's property is located. Feel free to contact me if the property is in the metro Atlanta area.
Re: Will not probated
Without exact dates, it can't be determined if your aunt's will can be probated. Unless your aunt had more children than the son, the property passed to the son, and would pass on his death to his heirs at law, which, on your facts, would be his first cousins, and the children of deceased first cousins. If you are the only cousin who belongs to that class, you would be the sole heir.
You need to consult an attorney to unscramble this.
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