Smyrna, GA asked in Real Estate Law for Georgia

Q: In GA, wife’s name not on rental property deed or mortgage. If I pass away does she automatically get the house?

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2 Lawyer Answers
Anthony M. Avery
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Answered

A: Your heirs at law will inherit your property at your death which is not titled in anyone else's name or if you die without a will being probated. Your surviving spouse may take the property or she may be a tenant in common with your issue or relatives which are also heirs.

Michael D. Birchmore
Michael D. Birchmore
Answered
  • Lawrenceville, GA
  • Licensed in Georgia

A: Not automatically - no. You should speak with a GA Probate attorney regarding your specific situation. She may have to go through a number of legal steps to accomplish placing title in her name. You may learn that placing her name on the title will help. However, speak with counsel to be certain.

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