Legal Question in Wills and Trusts in Georgia
Three names on a house deed
My mom owns 2 houses. She lives in one and my brother and sister in law lives in the other. My mom pays aprox 1/3 of the mortgage and tells me that they pay the other 2/3 as rent. She also told me that she added their (both) names to the deed for tax and probate purposes. I was told that my sister in law signed something that her name was on the will for probate only. I went on line and verified that ALL 3 names were on the deed. My question is, if BOTH of their names are on the deed, that means they own 2/3 of the home, correct? If so, when my mom's will states that ALL her assest will be divided equally between her 3 children, ONLY 1/3 of that house value will be considered her assest. Is that correct? In other words.. the deed would override the will? Thank you for you time.
2 Answers from Attorneys
Re: Three names on a house deed
The deed trumps the will. To be safe, you should have the deed and her will reviewed by a local attorney.
Re: Three names on a house deed
One cannot will what one does not own. Once you deed something, the will is irrelevant as to the property. Depending on the wording of the deed, either 1/3 of the property would be in her estate under her will or (if it is a joint tenancy with right of survivorship) NONE of the property passes by will and the other parties own all of it on her death.
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