Legal Question in Wills and Trusts in Georgia
My husband and I have put everything we own in both names as co-owners. When one of us dies will Probate Court have to be involved? Also, we both have wills leaving everything to the other one.
2 Answers from Attorneys
Anything that you may not have covered may still be the subject of probate. The typical things you can do to avoid probate are: joint checking account, title your home in both your names as "JOINT TENANTS WITH RIGHTS OF SURVIVORSHIP", both names on car titles and some others. Please free to give me a call about this.
Items that lack titles may still require probate. There may be other reasons for a probate, such as guardianship of minors, preparation of tax returns and so on. The issue of whether to probate or not will depend on facts not known until death.