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

UPDATED: Oct 1, 2022

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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


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

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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