Rome, GA asked in Civil Rights and Estate Planning for Georgia

Q: father has just passed and wife and him were both on the deed to his house. Are his maternal kid entitled to house?

stepmother was on the deed. do my sister and I have any rights to property if there is no will?

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

A: In Georgia, if real property is owned by two people as joint tenants with right of survivorship, on the death of the first owner, the property would belong to the surviving owner. If the property is owned by two people as tenants in common, on the death of the first owner, the undivided interest of the owner in the property would be part of his estate. In such case, the heirs might have an interest in the property, either as beneficiaries under a will, or through the inheritance laws if there were no will. This response is not intended to provide legal advice and it does not establish an attorney client relationship. I recommend that you consult with a Georgia probate attorney, who can advise you after a review of all the pertinent facts.

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