03/14/2025
Hey Georgia neighbors this is for you
It’s been a minute since I talked about this, but a new case/client has brought it to the forefront of my mind again.
Do you and your spouse/partner own your home as JOINT TENANTS WITH RIGHTS OF SURVIVORSHIP??
Those words are legal magic: when one owner dies, the survivor automatically becomes the sole owner of the entire property without having to probate the deceased person’s estate.
Almost everyone wants this survivorship dynamic - and honestly, most have it. Many don’t. I see dozens of clients a year who THINK they have it, but actually don’t.
My new client thought he and his wife did (but they didn’t) and she recently passed away. Only after she died, without a will, did the husband discover the lack of survivorship language on their deed. He now has to file a case, go to Court and ask the Judge to determine whether he can truly be the sole owner of the home he’s shared with his wife for nearly 30 years.
Meanwhile, each of her heirs can assert a legitimate legal claim to get a part of her share. As you can imagine, I expect their hands to be outstretched, looking to be paid… and some of those heirs are minors, which further complicates matters. We are talking thousands of dollars in fees and many months of processing time, not to mention paying the heirs a portion of the home’s equity as part of her estate. All of it could have been easily addressed, had they only known what to look for.
Take a look at your deed. If it doesn’t specifically state Joint Tenancy with Survivorship, you don’t have it. This lack of survivorship is especially common on deeds for houses purchased from banks following a foreclosure.
If you don’t absolutely and positively know, or can’t find your deed, I can help.
Call me. I’ll look up your deed and let you know… it’s that easy.
Fixing it while everyone is still alive is easy and inexpensive. Spend a few minutes and get some peace of mind.
Call David Lawler! 678-690-5292
