Legal Question in Wills and Trusts in Georgia

Estate with no will

What happens to estate when there is no will? My sister-in-law pasted away last year. Her property deed is a joint deed with right of survivorship. My brother-in-law has re-married. What happens to the estate if he has no will?


Asked on 2/25/05, 6:56 pm

2 Answers from Attorneys

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Estate with no will

The surviving owner of the joint deed would receive the property regardless of the existence of a will. If a person dies without a will, then their property passes in accordance to Georgia intestacy laws, i.e. state law determines who gets what.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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Answered on 2/26/05, 12:40 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Estate with no will

A joint deed with right of survivorship goes automatically to the survivor. A will has no effect on it. If the survivor dies without a will, then his creditors or heirs at law get it depending on what he has and what he owes. He needs a will.

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Answered on 2/25/05, 9:30 pm


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