Legal Question in Wills and Trusts in Georgia
Estate includes all joint ownership
My husband is diseased. All our bank accounts are jointly owned. Our vehicle and home are also jointly owned. There are no minor children. Can everything be transferred to me without probate?
3 Answers from Attorneys
Re: Estate includes all joint ownership
With respect ot the vehicle and the bank accounts, no probate is necessary--these assets passed by operation of law.
The home presents a different question--be sure the deed says "joint tenants with right of survivorship" and not "tenants in common". If it says tenants in common, the law is that his half interest is divided among you and your children, and this will require some form of estate administration.
You don't say if he had a will--if he did, the will controls, but probate will be required.
In all events, consult a lawyer.
Re: Estate includes all joint ownership
The answer will depend on (1) if there are loans on the property and (2) if the real estate is listed as "tenants in common" or "joint tenants with survivorship." The existence of adult children also could affect the answer.
Re: Estate includes all joint ownership
You should have an attorney review all the pertinent documents, but it sounds to me, on first blush, that everything is probably already in your name by operation of law.