Legal Question in Wills and Trusts in Georgia

I am sorry for your loss.

Regarding whether your husband's interest in the house is subject to probate depends upon the nature of title.

Generally speaking, if your deed was setup between you and your husband as joint tenants with right of survivorship, then his interest passes to you automatically, outside of probate court. There are some things we should do to document this, however.

If the deed did not include the right of survivorship language, then it is likely his interest will go to probate court.

If there are probate court proceedings, more analysis would have to occur to determine how things are split.

If we can help further, please do not hesitate to let us know.

I am sorry for your loss. The answer depends on what th house deed says and also on whether you seek years support. Please call me if I can help.

You do not relate a lot of details here. How was the land titled? If it titled in both your and your husband's name as joint tenants with right of survivorship, then the land passed to you automatically at death. If it was just in your husband's name then you and the children would own the land on a 1/3rd (you) 2/3rd (children) basis, subject to your year of support.

The mortgage is a different matter. You indicate the mortgage was in both names so if that is the case, you were probably on the deed as well. If the house passed to you alone, then you keep paying the mortgage as before.

Regarding joint bank accounts, those usually pass to the survivor on the account.

You do not indicate what other assets your husband owned at the time of his death (cars or other personal property or land). If there was no will then any other property would be split on a 1/3rd, 2/3rd basis as I noted.

Next month, I would contact a probate attorney who practices in the county where your husband lived at the time of his death. I would bring in copies of the deeds to any land or make a list of the things owned by your husband, either solely or jointly with you or another person, and a list of his children. Have the probate attorney review the information and see whether an estate needs probated and assist you with that.