Atlanta, GA asked in Estate Planning and Real Estate Law for Georgia

Q: A devise of “any interest “to Ga. real estate titled in corporation where he was sole shareholder.Valid?

2 Lawyer Answers
Anthony M. Avery
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Answered
  • Estate Planning Lawyer
  • Knoxville, TN

A: No, worthless. No legal description, no recording information, and real property is conveyed by deed not a contract term.

Anthony M. Avery
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Answered
  • Estate Planning Lawyer
  • Knoxville, TN

A: If that is a devise in a Will, it is still not definitive enough to transfer title without a Court ordered interpretation of the term. There either partial intestacy would result where the next of kin taking due to it being actually personal property, a legacy of the stock would convey the Corporate Stock which holds title, or it would pass as personal property through the Residuary Clause. Consult with a competent GA attorney.

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