Legal Question in Wills and Trusts in Georgia

Wills

If a husband and wife own a house together, both of their names are on the deed, can one or the other leave their half to someone else such as children of a previous marriage or does ownership go automatically to the surviving spouse?


Asked on 1/03/04, 9:00 am

1 Answer from Attorneys

Lynwood Jordan Lynwwod Jordan, Attorney at Law

Re: Wills

It depends on the wording of the deed. Husband and wife can hold either as tenants in common - or as joint tenants with right of survivorship. In the former case, the will controls. In the latter case, the deed controls. There is also something called "Year's Support" which your attorney can explain to you.

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Answered on 1/03/04, 9:12 am


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