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tammie1026_6617

Georgia anti lapse statue law

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Hello,

I am a newbie at this , so I hope I am doing it correctly. I have been involved in the probate of my father's estate now for 4-years. I know there are wrongful things being done, by my attorney. Now ,I have to figure out what to do about it.

my question is:: what is Georgia's Anti- laspe Statue Law? Please reply need all the help I can get.

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If by "involved in" you mean you're the executor and you know "wrongful things" are being done by the estate attorney you chose to handle things, then you need to fire the attorney (after selecting someone else to take the case who agrees to do so).

You're making another mistake seeking advice from complete strangers on the internet whom you cannot easily hold accountable if they are wrong.

You don't say why you're asking about this *now* ; this should have been figured out years ago. :) In fact, you don't say what's involved with this estate that it is still open four years down the road. Lots of litigation or ...?

Anyhoo, here it is (essentially, unless your father's will said otherwise (that the person had to survive him), the deceased person's bequest remains intact and his-her descendants get it (and in GA that presumably includes other family members if the person died without kids):

§ 53-4-64. (Revised Probate Code of 1998) Death of beneficiary before will executed or before death of testator

(a) If a beneficiary is dead when the will is executed or otherwise dies before the testator, but has any descendants living at the death of the testator, the testamentary gift, if absolute and without remainder or limitation, shall not lapse but shall vest in the descendants of the beneficiary in the same proportions as if inherited directly from the deceased beneficiary under the intestacy laws of this state.

(B) The provisions of subsection (a) of this Code section shall also apply to a testamentary gift to a class unless there appears a clear intent to the contrary.

© If a beneficiary is treated as having predeceased the testator due to a divorce or annulment, as provided in Code Section 53-4-49, or due to the beneficiary being responsible for the death of the testator, as provided in Code Section 53-1-5, the provisions of subsection (a) of this Code section shall apply only to vest the testamentary gift in descendants of the beneficiary who are also descendants of the testator.

* * *

Get yourself off the internet (except to look for new attorney).

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I want to know when did the state of Georgia enact anti-lapse statutes, because I have a family member that has a will  where the testator died in 1973 and I am wondering if anti-lapse statutes were in effect at this time?

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On 3/15/2019 at 8:25 PM, MSJ said:

I want to know when did the state of Georgia enact anti-lapse statutes, because I have a family member that has a will  where the testator died in 1973 and I am wondering if anti-lapse statutes were in effect at this time?

 

Not sure why you tagged this onto a nearly decade old thread.  As for your question, you'd have to go to a law library and look up the statute in a book.  Online sources don't indicate when the law went into effect.

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