Legal Question in Real Estate Law in Georgia

You can try to do a "form" with a big chance of screwing it up, or a real estate lawyer in her county can prepare a deed for a fairly reasonable charge (after asking questions to get the facts). The answer depends on whether it is an important issue for you (and her). Your question also reveals that your mother has not done any estate planning, which also may be a very important step in assuring her wishes are honored.

There is no "form". You need to have a lawyer prepare a deed " with rights of survivorship." The deed will need to be filed in the county land records, along with a simple form called a PT-61. A real estate lawyer can do this for you for $500 or less.

There is no form, and you have to custom draft the proper language.

You have two choices. You can keep looking for a form, probably screw things up where the title is not properly transfered, and end up with unarketable title and maybe even lose the house, or you can see a lawyer. The wrong choice here can be a disaster.

First of all, if there is a mortgage, you have to be very careful that you do not trigger the due on sale clause and force a foreclosure with the wrong document.

Second, you need to consider the consequences as to her future eligibility for Medicaid nursing home benefits, possible tax consequences, etc.

The right answer is to call a lawyer. The cost will be small and you may save a lot by proper estate planning. In some cases making a joint tenancy with right of survivorship may be good and in others one could deed the property and retain a life estate. In some cases a trust is best, and in some, doing what you said she didn't want to do, a will, may be best, or may be needed even if she does a deed.

If there is a deed, a proper computer filed PT-61 is also needed.

My office handles these type things, and depending on which choice she should make, it may cost as little as a few hundred dollars. (My number is 404-768-3509).