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Generally, the next of kin in Georgia are: Surviving spouse. Children and descendants. Parents.
Whenever a Georgia landowner dies intestate, title to the deceaseds intestate property automatically passes (or descends) to his or her heirs by operation of law. An heir is a person that (i) is related to the deceased by blood or marriage, and (ii) is then living at the time of the deceaseds death.
In the case of a married couple or a civil partnership it usually means their husband or wife. Next of kin is a title that can be given, by you, to anyone from your partner to blood relatives and even friends. It is also possible to name more than one person as your next of kin.
The spouse and children are heirs if there are children as well as the children of any child or children who died before the decedent (as well as the deceased childs descendants if any of the deceased childs children also predeceased the decedent).
Federal law prohibits enforcement of a due on sale clause in certain cases, such as where the transfer is to a relative upon the borrowers death. Even if your name was not on the mortgage, once you receive title to the property and obtain lender consent, you may assume the existing loan.
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A spouse but no children, your spouse will inherit your entire estate. Children but no spouse, your children will split everything equally. This includes biological and adopted children. Both a spouse and one child, they will divide the estate equally.
If you have a spouse but do not have any children, then the surviving spouse will be the one to inherit the estate as a whole. If you have a spouse and multiple children, then the spouse will receive 1/3 of your assets, and the children will receive an equal share of the remaining assets.
If you and your deceased spouse own a home as joint tenants with a joint bank account, the ownership of the property will be passed straight to you. You can then remain in the home or sell up if you cannot afford any outstanding mortgage or simply fancy a change.
The spouse and children are heirs if there are children as well as the children of any child or children who died before the decedent (as well as the deceased childs descendants if any of the deceased childs children also predeceased the decedent).
How Can You Prove You Are The Next of Kin? As a blood relative, proving you are that person will be relatively straightforward. A certified copy of your passport or other forms of recognised ID will demonstrate you are who you say you are.

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