Legal Question in Real Estate Law in Georgia

Re: Tenants-in-Common

You can't use a form. Many married couples have property joint tenancy with right of survivorship -- JTWRS. When one dies the real property automatically goes to the other. This is not true in tenance in Common (TOC). At his death you owned 50% and his estate owned 50%. Technically his creditors, if any, have first shot at selling the property to satisfy debts, before someone else gets it. (there is more to the story, but I will simply there). Who is the Executor of his Estate? You? Or, if no will, Administrator? If the will grants you the power, then get a lawyer and have his estate deed the other 50% to you. As administratrix (No will), you will need probate court approval to deed the other 50% to yourself. It doesnt sound like he willed his real property to anyone but you, but if he did (For example, all of my real property to my brother) then, you are out and his brother will own 50% and you will own 50%. Get a local probate lawyer to help you through the deeding process. It should not be very expensive to get this done. Hugh Wood