Legal Question in Wills and Trusts in Georgia

IF the house is in several names, and if there is NOT a right of survivorship in the deed, their part can be willed. (If there is a right of survivorship, they can, but it will only work out if they outlive your uncle). To be able to say if it could be done in this case, I'd have to see the deed and the will.

You are correct in that you cannot convey an article by will that you don't own.

I would need to see how the deed reads. If the deed to your grandparents' and uncle (look under the grantees) are listed as joint tenants with right of survivorship, then the property would pass automatically to whomever is the last surviving person regardless of what is in the will and the will is overridden by the deed. Of course, if your grandparents outlived your uncle, then their will would control, as they would own the property.

If, on the other hand, there is no magic language regarding survivorshidp, then your grandparents can convey whatever they own, including their portion of the real property. In such case, your uncle would own half and the half that was willed to you by your grandparents would go to you.