Palm Coast, FL asked in Estate Planning and Probate for Georgia

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?

Related Topics:
2 Lawyer Answers
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Estate Planning Lawyer
  • Crossville, TN

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.

Robert W. Hughes Jr.
Robert W. Hughes Jr.
PREMIUM
Answered
  • Estate Planning Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.