[babysaver]

My sister and her husband have a two year old child and no will in place as to who he should be placed with if on the off chance both of them die. I have dealt with only a handful of this situation here in TX but want to see what the law experts can tell me about GA. Also they have investments as well as a college fund for him. Do they need to put it in the will that all monies go to my nephew? Please advise if I have left any vital information out. Thank you!

[GV70]

O.C.G.A. § 53-2-1
...
2) If the decedent is not survived by a spouse, the heirs shall be those relatives, as provided in this Code section, who are in the nearest degree to the decedent in which there is any survivor;

3) Children of the decedent are in the first degree, and those who survive the decedent shall share the estate equally, with the descendants of any deceased child taking, per stirpes, the share that child would have taken if in life;

[babysaver]

Thank you. Just passed the information onto my sister.

[Fr_Chuck]

Without a will the court will have to appont a guardian to care over the child and any family will have to petition the court and family and children services to get custody of the child.

They child may not go to the people they want, if they do not have it set up