Legal Question in Wills and Trusts in Georgia

My uncle died in October of 2010. The home he and my aunt lived in was in his name only. She is still in it. She was told that his son inherited 2/3 of the home. She doesn't want the son to have 2/3 interest in the property. Can she have it changed and if so, how will she get that done?


Asked on 9/19/11, 10:09 am

3 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

The answer is in his will which no one here has seen.

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Answered on 9/19/11, 10:27 am

If the home was only in the name of your uncle, the question is whether he had a will. I don't know who "told" your aunt anytthing. It matters only if there was a will or not.

Assuming there is a will, a spouse is entitled to certain things and needs to see an attorney to make a claim for her spousal allowance and anything else under the will to which she is entitled.

If there is no will, thren usually the surviving spouse and the children of your aunt and uncle (or if they had no children together, then any of his children by a prior marriage) would share the property. it depends on how many children there are, but if more than 2, then there is indeed a split like you described, with 1/3 going to your aunt and 2/3 going to the children.

However, the exact amounts will depend both on whatever your uncle had in his probate estate and the county/state where he lived at the time of his death. I don't know if that is Georgia or not.

The short answer to your question is no - once a person dies, a will cannot be changed. Nor can the intestacy law be changed. So if the children are entitled to 2/3rd of the probate property as there was no will, then that is it.

Your aunt needs to see a probate attorney in the county/state where your uncle resided and owned land as soon as possible to know definitively what she and the other heirs are entitled to receive.

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Answered on 9/19/11, 11:51 am


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