Legal Question in Real Estate Law in Georgia
Warranty Deed & Death
My mother recently passed away and her property was in both of our names with right of survivorship. She had no will. My brother says he has a piece of paper, signed & notorized that she wanted him to have 1/2. Will that stand up in court?
3 Answers from Attorneys
Re: Warranty Deed & Death
Generally, a joint tenancy with right of survivorship means the property passes to the surviving owner by operation of law and is not part of the decedent's estate, and therefore, not subject to claims by heirs. It would also take more than a notarized piece of paper to create a valid will - the paper would have to meet all the requirements of a will. Simply asking for a copy of the document may end the issue.
Re: Warranty Deed & Death
Without reviewing this alleged document, it is impossible to give a definitive answer. If the document is in a form and is signed with enough formality to qualify as a deed or a will, it could "stand up in court". It might also be construed as a contract to make a will, but this might not have any force, since the property was not a "probate asset", and a will would not affect its transfer to you at your mother's death.
You should demand a copy of the document, and have it reviewed by an attorney.
Re: Warranty Deed & Death
No one can tell you if the document will "stand up in court" without reviewing it. Consult with a local attorney.
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