Legal Question in Wills and Trusts in Georgia

Re: no valid will

If the will is invalid then the intestate laws of Georgia shall govern, which will direct that his inheritance shall go to his spouse and children (either biological or legally adopted). If a guardian of property has not already been appointed for the spouse, the court will probably appoint a guardian ad litem to look out for her interests. Because an individual is incompentent they are not automatically precluded from recieving an inheritance. The debts of your uncle become the debts of his estate and any property in the estate could be attached by the creditors. There may, however, be more advanced techniques that can be utilized to solve some of the preceived problems, but to discuss them without further facts would be improper. The administrator of the estate or guardian for the spouse should consult an attorney.

Re: no valid will

Hello,

In response to your questions generally, the intestate laws of Georgia apply in this situation if there is no valid will. His inheritance would go to his spouse and children. The court may appoint a guardian ad litem in order to protect the spouse's interests. Also, creditors could attach the property as the debts of your uncle become part of the estate. I would be happy to go into more detail about your issues. Please contact me at your earliest convenience.

I look forward to hearing from you.

Sincerely,

Dan Conaway