Legal Question in Wills and Trusts in Georgia

Maybe no. Maybe yes. You left out every detail that would possibly enable anyone to answer.

How was this money left? Via will? Pension with designated beneficiaries? Insurance policy? Intestate succession? 401K?

If there was a will, was it left per stirpes or per capita?

Since you left all that out, no one here can possibly answer you. Try re-posting but include all of the above information.

Attorney Ashman is right. Is there a will or not? Your question suggests that the inheritance is in the future and that the brothers died before the person who left the inheritance. In such case, I don't understand why the children of the dead brothers get nothing.

The person who will leave the inheritance can make a new will (if he/she does not have one or if the old will is outdated by virtue of the death of the brothers) or change the beneficiary designations. If the person passed away already, then the question becomes whether the person had a will and whether the two brothers died before the person who made the will (your question suggests they did).

If the assets passed by a beneficiary designated asset, look at that instrument. If this was via will, then look at the will. If the brothers died before the person who made the will (or if they did not live long enough to meet any survivorship requirement) then what, if anything does the will say? Most states have anti-lapse statutes whereby the children of the deceased parent (the brothers) can inherit the parent's share. Some states require the children be lineal descendants of the prson who made the will. I don't know where the person who may have died lived so I cannot cite to the law of a particular state. However, if there was no will then the anti-lapse statute would apply and the property would go to the surviving brothers and the children of the deceased brothers.

If the will used per stirpes language, the children of the dead brothers would also inherit if the will so directs. If the will used per capita language, then they might not. The children definitely would inherit if the will said something like "I leave $100,000 to each of the 4 brothers, but if any of the brothers die, their share shall be qually divided among the surviving brothers." In that case there is nothing that can be done. That was a decision made by the person who drafted the will and it was their choice.