Are grandchildren guaranteed a portion of an estate if there is no Will?

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Are grandchildren guaranteed a portion of an estate if there is no Will?

My father was incapacitated when my brother and I were young. Currently, I am the conservator for my father. He is getting very ill and he has no Will. Can I create a Will for him? If I can’t, who inherits his money when he passes. He is not married and I am his only living child. However, my brother had 2 children; are they entitled to a share? They have not seen their grandfather for 18 years since when they very young.

Asked on February 23, 2018 under Estate Planning, Georgia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If your father has "testamentay capacity", that is he is of sound mind to execute a Will , then you can get a form online and help him fill it out. He will however have to sign it himself in front of 2 witnesses. If he lacks the requisite mental capacity to executie a Will, then he will die "intestate". This means that his estate will go to his next of kin or "heirs". This would be his children (and surviving spouse, if any). Accordingly, if your brother is still alive (it was not clear from your question), only he (not his children) have rights to inherit 1/2 of the estate. If, however, he is deceased then his children will be entitled to his 1/2 share.


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