Legal Question in Wills and Trusts in Georgia

Death of a spouse

When a husband dies what happens to

the home of the couple? If the loan

does not have the wife's name on it but

the title does what happens?


Asked on 6/04/07, 9:29 am

2 Answers from Attorneys

Robert Thompson J. Robert Thompson Attorney

Re: Death of a spouse

Thr loan must still be paid, because the lender can still foreclose if it is not.

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Answered on 6/04/07, 10:07 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Death of a spouse

Unless there was insurance on the loan, the loan still must be paid.

The property may or may not automatically transfer fully to the spouse (I'd have to see the wording of the deed). If it does not, a probate would be necessary.

If you're in metro Atlanta, feel free to call me so I may look at the deed and advise you further.

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Answered on 6/04/07, 11:15 am


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