When someone dies without a will, Georgia law determines who inherits their assets. But what happens when someone claims to be family and others disagree? Probate can become a family feud when a long-lost relative appears, claiming their share of the inheritance. So, who really has the right to inherit?
The family tree: Who inherits first?
- Spouse and children (including adopted children) equally, with the spouse taking no less than one-third of the estate. Children of deceased children take their parents’ place.
- Parents
- Siblings
- More distant relatives (grandparents, aunts, uncles, and cousins)
This order seems straightforward, but disputes can arise when proving these relationships.
Proving heirship in probate disputes
- DNA testing to confirm biological relationships
- Historical records such as birth certificates, marriage licenses, adoption papers, family photos, and family trees.
The Presumption of Legitimacy also plays a role. This legal principle assumes that a child born to a married couple is the legitimate offspring of the husband, unless proven otherwise. This presumption can be challenged, but it requires substantial evidence.
It’s essential to provide strong evidence to support your claim, as the courts will carefully examine each case to ensure that the correct individuals inherit the deceased person’s assets.
How does an attorney help?
When family ties get tangled, probate can get messy. Inheritance disputes based on heirship claims can drag on for months or even years. They can tear families apart and drain estates dry with legal fees.
If you’re facing an heirship dispute in a Georgia probate case, don’t go it alone. An experienced attorney can help you understand your rights and options. They can direct you through proving (or disproving) family relationships, gathering evidence, and facilitating communication. With legal support, you can protect your interests and honor your loved one’s legacy.
