Legal Question in Real Estate Law in Georgia

Deeding real estate to adult children

My mother-in-law would like to place her home in her two daughter's names and remove her own name from the deed. She will continue to live in the home as long as she is able to live alone and care for herself. There is no mortgage or lien on the property. I have copies of two forms I received from Georgia: A Warranty Deed and a Quit Claim Deed. Which form would be the most appropriate to use? Can we do this without benefit of an attorney, or should we use an attorney? If we can do this without an attorney how do we register the new deed properly?

Thank you for your consideration.


Asked on 4/20/04, 5:07 pm

4 Answers from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Deeding real estate to adult children

The concept is simple: your mother-in-law deeds the property either by quitclaim or warranty deed (it doesn't matter) to the daughters, (and this is important:) Reserving a life estate in the property. Consult with a local real estate attorney concerning the exact language. As to recording, the deed must be witnessed in front of your mother-in-law's signing. Then you just take it to the clerk of the Superior Court of the county in which the property is located.

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Answered on 4/20/04, 6:41 pm
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Deeding real estate to adult children

I cannot provide advice on Ga. law because I am not admitted to practice in that State. I urge you to consult with competent real estate counsel. For title insurance purposes, upon a later sale, I would suggest a warranty deed be used.

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Answered on 4/20/04, 7:34 pm
David Slater David P. Slater, Esq.

Re: Deeding real estate to adult children

Tell your mother in law she is making a mistake. She will realize this if they remove her from their house.

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Answered on 4/20/04, 5:13 pm
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Deeding real estate to adult children

I recommend that you seek the advice of a real estate lawyer in the county where the property is located. It should be a fairly inexpensive matter, but it is worth spending a few hundred dollars to ensure that the form used is the right one and that it is properly executed and recorded.

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Answered on 4/20/04, 5:14 pm


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