Q: If my folks pass away is it required for my name to be on the deed to avoid probate? Blairsville GA
My folks said they were advised by an attorney not to put my name on the deed and that Georgia law requires a property to go into probate. Basically, if there is a way to avoid probate in the state of Georgia what is the best way to go about it?
A: In most cases the best way is a revocable living trust, but every situation is unique and sometimes an irrevocable trust makes the most sense or some other technique altogether. Many factors need to be taken into consideration. Your best bet is to consult with an experienced estate planning or elder law attorney.
A: If someone passes away and their name is the only name on the property, opening an estate is usually required. There are some exceptions. There is no reason to try to avoid probate. Probate in Georgia is inexpensive (under $500 if you do not hire a lawyer) and takes less than a year to complete.
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