Legal Question in Wills and Trusts in Georgia
No Will
A cousin was termilly ill and for reasons unknown was estranged from her brothers and sisters. She had significant personal property including cash, stocks, bonds, insurance, and real estate. Moving from Sacramento last year, she was residing in Georgia upon her death. At the end of her illness she became a customer of the Department of Children and Families when a neighbor became aware of the situation. She stated to her caseworker that she wanted all of her belongings to go to a named cousin. Given that there was no will, does this statement have any legal weight? Would it be considered a nuncupative will?
1 Answer from Attorneys
Re: No Will
Under the new probate code, Georgia now refuses to recognize oral wills. Thus, we do not think the statement she made to the case worker has ANY effect under Georgia law. If you can find a written will, made anywhere, it will control. If no will, then all property will go be intestate under Georgia law at OCGA 53-2-1. HCW
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