Legal Question in Wills and Trusts in Georgia

A friend of mine was waiting for his father's will to be probated and was to receive a sizeable inheritance. My friend was married with two children and one adult child from a previous marriage and has one sister. He had a will leaving 50% to wife and 20% to two children and 10% to one child. He made the will in anticipation of the inheritance and basically had no estate before the anticipated inheritance. How is the inheritance from the father's estate distributed since my friend died before he actually received the inheritance?


Asked on 10/13/10, 5:30 pm

2 Answers from Attorneys
Phillip M. Cook Cook Legal Services, LLC

It does not matter that your friend predeceased the distribution of the assets of his father's estate. Probate can take a long time in certain instances. The fact that the father predeceased his son is all that matters. The son's estate will inherit as if the son were alive and then the son's estate will be distributed in accordance with his will.

Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 10/18/10, 6:10 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Based on what you said, the executor of your friend's estate would claim your friend's share and then distribute it under your friend's will.

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Answered on 10/18/10, 7:36 pm


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