Legal Question in Wills and Trusts in Georgia

I assume that your mother lived in Georgia at the time of here death. First, check the will. Does it say what will happen if one of the children dies before your mother? Or does it mandate that your brother must survive your mother by a certain number of days?

Assuming that the will has no information, then most states have what are called "lapse" statutes or to be more correct, "anti-lapse" statutes. Under the anti-lapse statute, if your mother did not specify what would happen, then your brother's children, if any would inherit his share. So if he had 4 kids, his 1/4 share gets divided among his 4 kids under the Georgia anti-lapse statute.

However, if your brother had no children, then check the will and see if someone else was to inherit. If there is nothing stated, then your brother's share will pass with the residue of the estate. See if the will has a "residuary" clause which directs who is to get the residue.

I can review the will for a fee or you might have local counsel review it if your mother resided in a state other than Georgia.