Legal Question in Wills and Trusts in Georgia

Last Will and Testament

Husband and wife married when child was 9 mons old. Child's biological Mother died at child birth. Wife assumed responsiblity of child as her own, reared him as her own, always addressed him as her own child. Husband passed in 1986 and only child passed in 1996. Wife just recently passed and her nieces signed affidavit with the probate court that there were no children born of this union. On child's death certificate she was listed as Mother and her obituary stated that there was one child born of this union. Does the children of the deceased son have any rights to being the heirs of the estate for the deceased wife?


Asked on 12/29/07, 10:46 pm

1 Answer from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Last Will and Testament

I don't think the children of the deceased son have a claim. There is no such thing as a "virtual" adoption. If the mother who died recently never adopted the child, the child (and his heirs) have no claim. I am assuming there was no Will; if there is one, it will control.

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Answered on 12/30/07, 1:01 pm


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