Legal Question in Wills and Trusts in Georgia
wills and probate
If you share joint tennacy w/right of surviorship on real property and assests, do you still need a will to keep from going to probate upon one spouse's death or do you automatically end up in probate with or without a will?
3 Answers from Attorneys
Re: wills and probate
While the joint tenancy bypasses probate, there may be other reasons you may still need a will as well. We need to sit down with you and get details to give you a full proper answer.
Re: wills and probate
Depends if there are any probate assets in the estate. Normally there is personal property that should be addressed. Joint tenancy would cover only specific assets. It's generally the best practice to have a will regardless just to make sure everything is covered.
Re: wills and probate
It is good practice to have a will as a safety net. While joint tenancy with rights of survivorship should grant the property to the survivor, it can still fail. For example, what if the deed to the property was improperly executed. Additionally the will would cover other assets and name a per.rep. if there was a PI or wrongful death lawsuit at death.
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