Monticello, GA asked in Family Law, Real Estate Law, Landlord - Tenant and Probate for Georgia

Q: on a special warranty deed with husband and wife name followed by "joint tenancy", are rights of survivorship automatic

1 Lawyer Answer
James Clifton
PREMIUM
Answered

A: If the tenancy was intended to be joint tenancy and not tenancy in common, survivorship rights should be automatic. If that is the case, the only thing necessary to vest title in the survivor would be a Affidavit of Survivorship and a copy of the death certificate. A complete review of the deed would be required before confirming this. Schedule a free consultation to ensure the survivorship provision is valid and enforceable.

Kedra M. Gotel agrees with this answer

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