Waynesboro, GA asked in Estate Planning for Georgia

Q: do you need an attorney for a deed being transfered from immediate family

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Jammie Taire
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A: The answer to this question is it depends. If everyone is alive then you do not necessarily need an attorney and you may be able to simply convey the property with a quitclaim deed. If there is a mortgage on the property, you may want to check the security deed to see if there are penalties related to the transfer or if it is permissible. If one party is deceased then probate is most likely necessary. It is always best practice to use an attorney to ensure that the property is properly transferred and various scenarios have been taken into consideration. Hope this helps!

A: You can do this on your own if you know how to prepare the kind of deed needed to accomplish your goals. Only you know if you can prepare the proper deed.

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