Stone Mountain, GA asked in Estate Planning and Probate for Georgia

Q: My grandmother recently passed away. Her name was on the deed along with other family members.

If the deed states survivorship does her name have to be removed in order to sell the property. Or is it the remaining members have rights to make decision on behave of the deed. If it states Survivorship does it still have to go through probate court.

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

A: In Georgia, if property is owned by more than one owner as joint tenants with right of survivorship, upon the death of an owner, the property would be owned by the other owners. On the other hand, if property is owned by more than one owner as tenants in common, the interest of a deceased owner would be part of his probate estate. I recommend that you consult with a probate attorney to review the facts of your particular situation.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.