Legal Question in Wills and Trusts in Georgia

can my fathers widow get an inheritance from his uncle who has died?


Asked on 1/13/13, 10:12 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Your post is unanswerable as posted. You haven't told us what state this is in, if there's a will, what the will says, etc. There would have to be a will because your father's widow is NOT a relative, so would not be in line for intestate succession.

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Answered on 1/13/13, 10:40 am

The answer is it depends on information that you have chosen not to provide here. Your father's wife is not entitled to inherit from your father's uncle directly as an heir of your father's uncle. However, she may be entitled to indirectly inherit depending on who died first.

First, when did your father died? Where did he live? Did he have a will?

Second, when did the uncle die? Did he have a will? Where did he live?

If uncle had a will, then his assets will pass as per his will. If father died before the uncle, then you need to see what the uncle's will says as to what would happen if a beneficiary predeceased him. If father died after the uncle and there is no survivorship language, then father's share may be paid to father's estate. Father's wife may be entitled to inherit a share of father's assets if wife was a beneficiary under father's will, or could take an elective share (allowed in some states as a spouse cannot be disinherited) or she could take under the intestacy laws of the state where father lived at the time of his death.

If uncle did not have a will, then his heirs would take under the intestacy laws of the state where he resided at the time of his death. Depending on the state law, if uncle had a spouse or children, they would inherit. If there was no spouse or children or lineal descendants (grandchildren, great grandchildren) then if his parents were dead, the law would look to see if there were any siblings or children of siblings. If father died after uncle, again, father's share would be paid to father's estate. if father died before uncle and father had no children then the wife would not inherit from uncle.

This is generally the law but state law can vary and neither I nor any lawyer has seen the wills or has the other information and that may change the advice. What I suggest is your father's widow needs to talk with a probate attorney who practices in the county/state where uncle resided at the time of death. She needs to give the attorney any will of uncle as well as father's will. if any. If a will was probated, then check with the probate court in the county where each man lived at the time of death. If there is no will, then make a list of possible heirs and the dates of death. Pay the attorney to review the information and give an opinion.

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Answered on 1/13/13, 10:02 pm


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