Legal Question in Real Estate Law in Georgia
My husband and I live in Atlanta, Georgia, and we've been married for 7 years. The house is solely in my name and is completely paid off. My will stipulates that he is to inherit everything upon my death. Would it facilitate matters to go ahead and add his name to the deed now?
2 Answers from Attorneys
You should discuss this with your CPA or accountant regarding the tax implications of each on your estate. However, from a pure convenience point of view, yes it may be easier to put him on the deeds as Joint Tenants With Rights of Survivorship. This means that upon your passing, the properly will automatically pass to him by operation of law, regardless of what a will may say. A will is probated and therefore subject to contest. A Warranty Deed as Joint Tenants With Rights of Survivorship will not run into the same hang-ups and will allow you husband to stay in the home while your will is going through probate.
Best of luck.*******The above is for informational purposes only and does not create an attorney-client privilege.*******
My office handles such deeds with regularity.
There are pros and cons I'd want to discuss with you, but it may simplify probate and make things less stressful in the future.
Feel free to call me with more details (404.768.3509).
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