Thomson, GA asked in Estate Planning and Probate for Georgia

Q: Purchased a new home in husband's name only. We have two children each, none together. What do I do to protect myself?

We purchased in his name only bc we currently have a flood damaged home in my name only (I owned it at the time of our marriage), pending storm water litigation. We could not purchase with both names bc of my responsibility with flood home mortgage, income to debt ratio issue. We have two children each from a previous marriage. What happens to my interest in our home in the event of his death? We have been married 11 years now, in the future I do not want issue with his children as it has always been our intention for our belongings to go to surviving spouse, then equally divided among four children at time of surviving spouses death. None of our children are minors, all over 20yo. Do we need to refinance or is there another option for me to be able to protect my home?

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

A: Under Georgia law, if a person owns real estate in his own name and he dies without a will, the property would pass to his wife and his children. You should seek the advise of an estate planning attorney.

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