Atlanta, GA asked in Real Estate Law and Probate for Georgia

Q: Im in Atl, Ga. How do i find out if my sister left her house to someone besides her husband (separated) & adult children

My sister passed 4 years ago. She was separated from her husband. They jointly owned their main home. They have 2 kids that are adults that live there. Her husband has moved on and remarried.

She purchased a separate home (investment) next door to our mother in only her name. We (the family)are not clear who she left it to. Her ex husband is still in court we assume trying to have it placed in his name. The home is currently still in her name. She told us she had a policy that would cover the home if she died. Do banks normally have the person put down beneficiaries of the property? We feel like she left it to another family member. All we know is ex husband is in courts and its still in her name. Help.

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

A: In Georgia, real property held by multiple persons as joint tenants with survivorship passes to the surviving owner (or owners) on the death of a joint owner. If real property is held in the name of one person, to whom the passes depends on whether or not the decedent had a will. If the decedent has a valid will, the real property would pass according to the terms of the will. If the decedent does not have a will, if an administrator of the estate is appointed, the title to the property vests in the administrator and is to be administered according to the requirements of Georgia law. In Georgia, if a decedent is survived by a spouse and children, the spouse and children would be the heirs and entitled to inherit the decedent's property (after payment of the decedent's debts and expenses of administration). These are the general rules. I do not believe that banks typically request information about a borrower's will or to whom the borrower intends to give her property upon her death. I recommend that you consult with a probate attorney if you have questions about this matter.

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