Statham, GA asked in Estate Planning and Real Estate Law for Georgia

Q: Should the property go to my father. Which is only living siblings. What kind of lawyer would I need to see?

My aunt owned house. Has no children. When she got sick. Her older sister started handling her finances. Including adding her and her husbands name to the deed of property. Now all three have pasted away. My cousin currently lives there free. My father is there brother. He was originally supposed to get to live at property after there death., who should be inherit this property? My dad? Or cousin? Who should I talk to?

1 Lawyer Answer
John W. Chambers Jr
John W. Chambers Jr
  • Estate Planning Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: You indicate that you aunt (i.e., the older sister) added the names of her and her husband to the property. If by this, you mean that your aunt who owned the property executed a deed creating a joint tenancy with survivorship with her, her older sister, and the older sister's husband, then on the death of each joint owner, the property would have passed to the survivor automatically. If the deed were not valid because you aunt did not have the capacity to execute it, then there might be grounds to seek to set the deed aside. However, assuming there was a valid joint tenancy deed, and nothing was done to sever the joint tenancy before the survivor died, then the property would be owned by the last of the joint owners to die. If that person had a will, it would pass according to the provisions of the will. If the person did not have a will, then the property would pass to the heirs of such person. I recommend that you consult with a probate attorney. It might be necessary to obtain a title report on the property as a first step. This answer is intended to provide general information only and not legal advice about your particular matter, and it does not establish an attorney client relationship between us.

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