Wills, Trusts & Estates Questions with 100% Verified Answers Latest Update

Wills, Trusts & Estates Questions with 100% Verified Answers
Latest Update

Question: Answer:
What is a testacy proceeding? A proceeding regarding a will OR to determine intestacy.


Question: Answer:
What is INTESTACY? When someone dies without a will or testamentary instrument.


Question: Answer:
What is PARTIAL INTESTACY? When someone dies with a will, but part of the property in the estate
does not pass
under the will.


Question: Answer:
Who is the sole heir when no one else survives the decedent? The surviving spouse is the sole heir.


Question: Answer:
What is the surviving spouse's intestate share when children The spouse shares equally with the children, BUT the spouse's share
also survive? will never be less
than 1/3.


Question: Answer:
When there is no surviving spouse, who are the heirs? Relatives in the nearest DEGREE to the decedent in which there is
any survivor.


Question: Answer:
Who are the FIRST DEGREE heirs in Georgia intestacy? Children who survive the decedent (share equally). Descendants of
any deceased child
take per stirpes the share the deceased child would have taken.

,Question: Answer:
What does "per stirpes" mean in intestacy? Descendants of a deceased heir step into that heir's shoes and take
the share the
deceased heir would have received, divided equally among them.


Question: Answer:
Who are the SECOND DEGREE heirs in Georgia intestacy? Parents of the decedent.


Question: Answer:
Who are the THIRD DEGREE heirs in Georgia intestacy? Siblings who survive the decedent (share equally). Descendants of
any deceased sibling
take per stirpes the share that would have gone to the sibling.


Question: Answer:
Who are the FOURTH DEGREE heirs in Georgia intestacy? Grandparents.


Question: Answer:
Who are the FIFTH DEGREE heirs in Georgia intestacy? Aunts and uncles. Any children of a deceased aunt or uncle take per
stirpes the share the
aunt or uncle would have taken.


Question: Answer:
Who are the SIXTH DEGREE heirs in Georgia intestacy? More remote relatives, assigned a degree of kinship.


Question: Answer:
What happens if a testator dies testate but the will does not The spouse receives the share they would have received under
contemplate marriage? intestacy — at minimum a
1/3 share.


Question: Answer:
What is the Contemplated Marriage Exception? If the testator wrote the will in contemplation of the specific
marriage, the new spouse
gets nothing beyond what the will actually gives them.

, Question: Answer:
What is the REQUIREMENT for the Contemplated Marriage The contemplation of marriage must be expressed CLEARLY ON THE
Exception to apply? FACE OF THE WILL
(e.g., "I am executing this will in contemplation of my marriage
to..."). Parol evidence is
NOT admitted.


Question: Answer:
What happens if a testator remarries a former spouse after The provisions of the will that were revoked are simply REVIVED —
divorce and has not revoked the pre-divorce will? becoming effective
again as a result of the remarriage.


Question: Answer:
What is ESCHEAT? Property goes to the STATE if there is no other person to inherit
under the statute.


Question: Answer:
When is Georgia's Anti-Escheat Provision triggered? When a married person dies without a will and their only heir is their
spouse, but the
spouse ALSO dies intestate shortly after (within six months).


Question: Answer:
What is the effect of Georgia's Anti-Escheat Provision? If the second spouse dies within six months, Georgia treats it as if the
second spouse
died FIRST — the full estate distributes to the first decedent's heirs
rather than escheating
to the state.


Question: Answer:
What is LAPSE under common law? If a beneficiary predeceases the testator, the gift lapses and falls into
the residuary estate
OR passes by intestacy.