Legal Question in Wills and Trusts in Georgia

Married homeowner wants to leave home to children

I brought a home while I was separated from my husband. Now I want to will this home to my childern.Can I do this without my husbans ok. only my name is on the home(mortgage/loan). Is there a speical will for that?


Asked on 3/15/05, 11:28 am

2 Answers from Attorneys

Bernd Stittleburg Stittleburg Law Offices, LLC

Re: Married homeowner wants to leave home to children

You can prepare a will designating who gets what of your property. A special will is not needed. If you have one now, you can amend it or prepare a new will with this provision in it.

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Answered on 3/15/05, 11:38 am
Charles W. Field Charles W. Field, Attorney at Law

Re: Married homeowner wants to leave home to children

You have every right to leave your house or anything else to your children or whomever you wish. In fact, you can prepare a new deed so as to make your children "joint tenants with rights of survivorship". That way, the house doesn't get tied up in probate; it automatically is theirs upon your death. Consult with a local attorney.

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Answered on 3/15/05, 11:42 am


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