Legal Question in Wills and Trusts in Georgia
Name on Deed vs Will
My husband & I have been married for apx 5 years. We were going to build a house but instead have lived with my mother for 4 years because of her health problems. We have wills and his says I get everything and house we live in at time of his death (but we are not living in his house). We recently bought a lake house and we refinanced his house and paid for the lake house entirely. I had to sign a note and personal guaranty though. I don't know what the deed says for this first house but my name is on deed of lake house as joint tenants w/right of survivorship. His first wife is deceased and he has one daughter living. What do I need to do to make sure I am protected? I would want to sell this original house and pay off the debt. Does the will override the deed or what and if not, what do I need to do to get this taken care of? Thanks.
2 Answers from Attorneys
Re: Name on Deed vs Will
You will get the lake house because of the survivorship clause. You probably will get the first house because of the will; however, the deed to this house must be briefly looked at to make sure it is in his name only. You should consult with a local attorney but it shouldn't take much time.
Re: Name on Deed vs Will
Deeds override wills, and wills can be changed at any time. To lock in inheritance rights, a survivorship deed may be the way to go. A Lawyer would need to see the current will and deeds to be sure of who has title and to discuss any other advantages/disadvantages.
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