Legal Question in Wills and Trusts in Georgia
A survivorship deed was filed for a parcel of land stating that the parcel would belong to a man and his wife andthat either one would have life estate and that after both had passed a party of the third part would be sole survivor. Is it possible to legally change this document without any and all living parties signing as consent to change?
2 Answers from Attorneys
As a practical matter, no. A person might be able to sell their interest, but who is going to buy the right to own property for the life of someone else, or buy something they can't get until everyone dies?
I would need to see the deed to see how the deed exactly reads, but if it is something like husband and wife conveyed land to child, retaining a life estate, then Attorney Ashman is correct. The husband and wife could convey their life estate to someone else without the consent of the remainderman (the person who inherits the property when husband and wife both pass) or the remainderman could transfer the remainder interest without the consent of husband and wife. However, it is very unlikely that a stranger would want only a partial interest like this. More common is that the husband and wife would decide totally to convey the life estate to the remainderman.
If anybody wants to sell the entire property to a third-party or refinance or mortgage the land, then everybody living must consent and sign the documents.