Legal Question in Wills and Trusts in Georgia

Your question, as posted, cannot be answered. You didn't say if there was a will or not, although it sounds like there is. If there is, the answer depends completely on the wording of the will and since we have not read it, we can't answer.

Additionally you didn't state what state he was in, which also would affect the answer.

If there was a will, the terms of the will control the distribution of the estate. A will leaving an estate only to surviving children, with no provision for the descendants of a deceased child, is unusual (or was poorly drafted), and the language should be examined closely to see if this is in fact what was intended.

If there was no will, the children of a deceased child would be entitled to their parent's share.