Legal Question in Wills and Trusts in Georgia
My elderly mother and I visited her attorney and specifically asked him to draw up a quitclaim deed changing ownership of her home, which was in her name only, to her name, my name and my daughter's name, with rights of suvivorship. The sole purpose was to avoid probate. He, instead, drew up a deed of gift putting the property into our three names with rights to suvivorship. Does this deed of gift still avoid probate? Is there any advantage or disadvantage of either?
3 Answers from Attorneys
My first impression is that the deed of gift accomplishes the same thing that you requested. However, you might have a local attorney look at the exact wording of the deed. Also, there might be tax implications that I am not aware of.
You should either ask these questions of the lawyer you hired, or retain another one who is experienced in estate matters. There are other facts not stated, and no one here can even tell you if you are going to get the result you want. Your first sentence indicates that you believe you know what to do, but the rest of the post indicates otherwise. See a qualified lawyer to get good advice on an estate plan.
From what you posted it sounds like he likely accomplished exactly what you asked in the way most attorneys would do it (a deed of gift avoids a real estate transfer tax). Since none of us have read the deed, no one here can analyze it, but that is the method I would use to accomplish the task (avoiding probate and adding the names) you asked. If you are unsure, call him to explain it.
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