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