Legal Question in Wills and Trusts in Georgia

Re: non-will

She needs to exectue a Will to make probate easy. However, if not, here is the division under GA law:

53-2-1.

(a) For purposes of this Code section:

(1) Children of the decedent who are born after the decedent's

death are considered children in being at the decedent's death,

provided they were conceived prior to the decedent's death, were

born within ten months of the decedent's death, and survived 120

hours or more after birth; and

(2) The half-blood, whether on the maternal or paternal side, are

considered equally with the whole-blood, so that the children of

any common parent are treated as brothers and sisters to each

other.

(b) When a decedent died without a will, the following rules shall

determine such decedent's heirs:

(1) Upon the death of an individual who is survived by a spouse

but not by any child or other descendant, the spouse is the sole

heir. If the decedent is also survived by any child or other

descendant, the spouse shall share equally with the children, with

the descendants of any deceased child taking that child's share,

per stirpes; provided, however, that the spouse's portion shall

not be less than a one-third share;

(2) If the decedent is not survived by a spouse, the heirs shall

be those relatives, as provided in this Code section, who are in

the nearest degree to the decedent in which there is any survivor;

(3) Children of the decedent are in the first degree, and those

who survive the decedent shall share the estate equally, with the

descendants of any deceased child taking, per stirpes, the share

that child would have taken if in life;

(4) Parents of the decedent are in the second degree, and those

who survive the decedent shall share the estate equally;

(5) Siblings of the decedent are in the third degree, and those

who survive the decedent shall share the estate equally, with the

descendants of any deceased sibling taking, per stirpes, the share

that sibling would have taken if in life; provided, however, that,

subject to the provisions of paragraph (1) of subsection (f) of

Code Section 53-1-20, if no sibling survives the decedent, the

nieces and nephews who survive the decedent shall take the estate

in equal shares, with the descendants of any deceased niece or

nephew taking, per stirpes, the share that niece or nephew would

have taken if in life;

(6)(7)(8) Omitted.

Re: non-will

Depending on your mother's particular circumstances, one or more of the following may be appropriate: a revocable living trust; retitling assets to include survivorship or P.O.D provisions, inter vivos gifting, and/or use of other nonprobate vehicles (irrevocable trust(s), a limited partnership or LLC, etc.). Many different options are available. However, a careful review of her situation would be required before appropriate recommendations could be made. Why does she wish to avoid probate? It is relatively simple and inexpensive in Georgia. If I can be of further assistance, please do not hesitate to contact me.