Blog Layout

Who Will Be Your Heir? Don’t Leave Room for Surprises

Cindy Nelson • Nov 07, 2018

As with most things, a will’s value is relative; it largely depends on your unique circumstances.

“Intestate” is the term used to describe the estate of someone who dies without a will. Each state has laws called “intestacy laws” that govern how probate assets are distributed, if someone dies without having a will. These laws establish the inheritance hierarchy based on a person’s family structure. As explained in The Daily News’ article “’Are You My Heir?’-Who Inherits When You Die Without a Will,” all of your assets will pass to your next of kin, also known as your “heirs-at-law” or heirs in accordance to the state’s laws of intestacy.  

Here’s one example: if you are married but have no children and no grandchildren, your estate will be passed to your spouse. If two people die and there are no descendants (children or grandchildren), their parents, if living, will inherit their assets. A child who is legally adopted has the same rights of inheritance as biological children. Children born outside of the marriage may not.

If a child should predecease a parent, the living descendants of the child (if there are any) will inherit their share.

In some states, heirs are limited to family members who share the same grandparents. If your family is not geographically or otherwise close, you may have heirs you have never met.

Intestacy can become extremely complex, when there are children and grandchildren. Descendants inherit from their parents and grandparents in percentages dependent upon the total number of children and the number of children in each generation that follows.

If a grandfather has three adult children who are living and one adult child who has passed, then the estate will be divided by three—a third each to each of the two living children and the final third to the grandchildren of the third (deceased) child. The children of the deceased child are heirs, even if the parent has died.

Add non-marital children—children born outside of a legal marriage or step-children—and things start to get complicated. A court will have to determine the intestate inheritance, based on proof that the child is a descendant and if that relationship is established in a timely manner.

If the father’s name is on the child’s birth certificate, that is generally enough proof of the relationship. It doesn’t matter if they have a close relationship or have never met. The same applies to marital children—whether they have been close and caring or are estranged.  

It’s best to have a will and an estate plan, so you can decide your heirs. You are also sparing your loved ones the emotional rollercoaster of family surprises. Make an appointment with an elder law attorney to take care of this important matter.  

05 Apr, 2024
How Trusts Minimize Taxes and Maximize Your Wealth. If you are over 65 and made more than $15,700 income in 2023, you are above the filing requirement that makes April less fun.
estate planning lawyers
20 Mar, 2024
Here are some reasons why it's time to start contacting local estate planning lawyers. Keep reading to learn more about why you shouldn't wait.
12 Mar, 2024
MYTH: Once you qualify for Medicaid nursing home care benefits, Medicaid will pay 100% of the cost.  MYTH BUSTED: Contrary to popular belief, receiving Medicaid doesn't mean the government automatically pays the entire bill for your nursing home care. In reality, you are expected to contribute a significant portion of your income towards the cost of care. This is known as the co-share, patient liability, or patient share of cost, and plays a crucial role in covering the expenses of your long-term care. Patient liability is your total monthly income minus approved allowances or deductions. The remaining amount is what you pay to the nursing home, while Medicaid covers the rest of the bill. With nursing home care in Georgia averaging $9,000-$11,000 per month, the financial benefit far outweighs the complexity of navigating Medicaid. Let's look at an example:
By 7066160206 05 Mar, 2024
Navigating Probate in Georgia can be daunting, especially with the myriad of misconceptions surrounding it. The legal process of settling a deceased person's estate can lead to confusion and unnecessary worry for individuals and families dealing with the aftermath of a loved one's passing. Let's debunk some of the most persistent myths about the Probate process in Georgia: Myth 1: Estate and inheritance taxes will eat up all of the inheritance I leave for my family. While estate taxes can be a concern in some cases, Georgia does not impose a state estate tax or an inheritance tax. Additionally, federal estate tax laws apply only to estates exceeding $13.6 million (individual) or $27.22 million (couple) as of 2024. Given this high threshold, most estates won't incur significant taxes that would deplete the entire inheritance. Myth 2: If I have a Will, my estate will not go through Probate. This is an all-too-common misconception. Having a Will does not mean your estate avoids Probate. In fact, the Probate judge will use your Will as guidance on how to distribute your assets, complying with any state laws, and ensuring your wishes are carried out. Having a Will can streamline the Probate process, but the court will still oversee the administration of the estate. Myth 3: Debts disappear at death. Contrary to this popular belief, debts do not disappear when someone passes away. Instead, creditors have the right to make claims against the deceased person's estate during Probate. Part of the Probate process involves addressing outstanding debts and ensuring they are paid from the estate's assets before inheritance distribution to beneficiaries. Myth 4: If there is a surviving spouse, the family home doesn't go through Probate. While a surviving spouse may have certain rights regarding the family home, such as a homestead exemption, the property may still need to go through Probate depending on how it is titled and whether there are other heirs with ownership interests. In Georgia, transferring ownership of the home typically requires the Probate process. Since real estate is usually the most valuable asset a family owns, it's important to consult our experienced Probate attorneys to determine the best course of action regarding real estate in Probate cases. Myth 5: I can handle the Probate process on my own. While it's possible to navigate Probate without legal assistance, it's often advisable to seek guidance from a qualified attorney, especially for complex estates or if disputes arise. In Georgia, there are more than a dozen steps to the Probate process, each with its own timeline, paperwork, and potential pitfalls. Our attorneys provide valuable expertise and ensure the process proceeds smoothly according to paperwork deadlines and state laws. While the process can be confusing and overly complicated, working with a Probate lawyer can help dispel common myths and alleviate unnecessary stress. We work with individuals and families every day to facilitate the Probate process so they can access their inheritance, understand their rights and obligations, and clear all the legal hurdles as quickly as possible.
22 Feb, 2024
Do you have a will? If you need to start the estate planning process, here are a few questions to ask your estate planning attorneys.
19 Feb, 2024
While a Will is a crucial component of estate planning, there are several other documents that are equally, if not more, important.
By Josh Nelson 25 Jan, 2024
Estate planning is a crucial aspect of securing your legacy and ensuring a smooth transition of assets to your heirs.
estate planning lawyers
25 Jan, 2024
Working with estate planning lawyers can provide valuable guidance and peace of mind. Here are seven ways these professionals can help you create a plan.
17 Nov, 2023
Looking to invest in the services of a professional estate planning attorney? Here are some of the biggest reasons why it pays to look for an expert near you.
11 Oct, 2023
Ensure your loved ones receive what you've set aside for them. Here are some of the ways an expert estate planning lawyer to help you protect your family.
More Posts
Share by: