Atlanta, GA asked in Probate for Georgia

Q: Father died and his wife is a grantee on the house deed

My father died and the deed on his house and property has him and his wife listed as a grantee but it does not say "with rights of survivorship", does that mean I can petition for rights to his house also? We live in Georgia.

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1 Lawyer Answer
Robert W. Hughes Jr.
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Robert W. Hughes Jr.
Answered
  • Probate Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: I assume your father lived in GA as well? If so, the deed you described is a tenants in common deed. Your father and his wife each own 1/2 of the house. You need to make sure his estate is administered so the 1/2 house he owns can be sold. Because your step mom lives in the house, I assume, she is the likely buyer of the 1/2 she does not own.

Under GA law, if your father died without a will, the wife will get no less than 1/3 of his estate and maybe even 1/2 of the estate. That means that she will get 1/3 of your Dad's 1/2 If the house meaning she gets 1/ 6 more of the house giving her at least 2/3 ownership of the house.

Landlord tenant governs who can live in the house.

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