If a child is born after the execution of a will and is not mentioned, what are they entitled to?

Study for the Georgia Bar Exam. Prepare with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

In Georgia, when a child is born after the execution of a will and is not mentioned in that will, the law provides for specific protections for such children, often referred to as "afterborn" or "pretermitted" children. The correct answer reflects the principle that the child is entitled to the same share they would have received if the testator had died intestate, meaning without a valid will.

This rule is designed to protect the rights of children who may not have been considered at the time the will was drafted. If the testator had subsequent children after executing the will, it is presumed that they would have wanted to include those children in the distribution of their estate, just as if they had not left a will. Thus, the pretermitted child receives a portion of the estate that is commensurate with what they would have inherited according to intestacy laws, effectively ensuring they are not unintentionally disinherited.

This provision also safeguards the rights of potential heirs and reflects the principle of fairness under intestacy laws, which aim to distribute an estate equitably among a testator's children and heirs.

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