Legal Question in Wills and Trusts in Georgia
Rights of Surviorship
My father died in january 2006. His will states that the property goes to my Step-mother until her death and then is to be divided between the 5 children of his ineqaul shares and names each child in the will. She had no children of her own or with my father. There are two peices of property involved, the original property that has been in the family for generations and some that was purchased in 1999 jointly between them. She has a deed which states that she has rights of surviorship on the property that they purchaed in 1999. Does my fathers will override any rights that she may have with the deed that she has in her possession? Also the property was purchsed with the sale of timber sales and cattle sales that my father had before the marriage. We were told at the reading of my fathers will that she needed no will because of the way that his will read.
1 Answer from Attorneys
Re: Rights of Surviorship
Just because someone leaves you something in will does NOT guarantee you'll get it. One can only leave in a will what one owns,and since property in a joint tenancy automatically belongs to the survivor, there is nothing left to pass under the will.
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