Legal Question in Wills and Trusts in Georgia
Beneficiaries
If a person dies with no will and has a significant estate which will be passed on to her siblings, how is property with beneficiaries handled? This person stated that she did not want any of her estate to go to her brothers and sisters, so it is unlikely that she named them as beneficiaries. If there are named beneficiaries does this property become a part of the intestate process? What are the requirements for the announcement or search for beneficiaries? Must the announcement be made in a certain geographic area? Are there timelines that must be adhered to? It is to the families advantage not to find the benfi.?
1 Answer from Attorneys
Re: Beneficiaries
You indicated this person died without a will. Therefore, there can be no "named beneficiaries." All of her property passes according to the State law of descent and distribution.
If she died without a will, and her parents are deceased, all of her property will go to her brothers and sisters - or to their children if deceased.
It does not matter what she said if she did not publish a last will and testament.
I presume the family knows who her brothers and sisters are and that there will not have to be a "search" for beneficiaries.