Legal Question in Real Estate Law in Georgia
What do I need to do about my home after my spouse dies?
My husband is dying of cancer and our home is only in his name. We've tried to add my name onto the property but our mortgage company say 's that the only way my name can be added is if we refinance. I don't want to refinance because I plan to sell if he passes away. Each day my husband's condition gets worse and the doctors don 't expect him to live much longer and at the present moment we don't have a will. I need to know what to do and where to go so that my rights will be protected and I will be able to make decisions on our home upon his demise? Also will this process be expensive?
2 Answers from Attorneys
Re: What do I need to do about my home after my spouse dies?
First, why don't you just get him to do a Will? Secondly, get a Quit Claim and deed and have him quit claim any interest he has to both you and him, with joint tenancy right of survivorship.
Thirdly, please seek the advice of an attorney in both of these matters. Although they are simple and inexpensive to do initially, they are expensive and sometimes hard to fix if not done right initially.
Re: What do I need to do about my home after my spouse dies?
You need to have him execute a will in order to transfer the house to you. A will is a relatively inexpensive process. For example, we draft wills and accompanying documents for a flat-fee of $600.00.
If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.
The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
Glenn M. Lyon, Esq
MacGregor Lyon, LLC
Promenade II
1230 Peachtree Street NE
Suite 1900
Atlanta Georgia 30309
Phone 404.942.3545
Fax 404.795.0993
www.macgregorlyon.com
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