Contracts

Question 1

Intestate succession

Answer 1

Property may pass by this when:
(i) the decedent dies w/o a will;
(ii) the decedent’s will is ineffective; or
(iii) the decedent’s will does not dispose of all his property

Question 2

Per Stirpes

Answer 2

Georgia’s distribution scheme for intestacy is this.

A distribution occurs by this when the descendants takes in equal portions the share that their deceased ancestor would have taken, if living. The estate is first divided into the total number of children of the ancestor who survive or leave issue who survive.

In addition, Georgia’s anti-lapse statute applies to a class gift unless there is a clear intent to the contrary. Thus, if a member of a class is dead when the will is executed, or dies before the testator, then the class member’s surviving descendants are entitled to take the class member’s share.

Question 3

When can a child born out of wedlock inherit from his natural father?

Answer 3

The common law rule, adopted in Georgia, state that a child cannot inherit unless:

(i) a court has entered an order declaring the child to be legitimate;
(ii) a court has entered an order establishing paternity;
(iii) the father has executed a sworn statement signed by him attesting to the parent-child relationship;
(iv) the father has signed the child’s birth certificate; or
(v) there is other clear and convincing evidence that the child is the child of the father.