Q: Do I need to correct the security deed before drafting a new warranty deed in Georgia?
I'm located in Decatur, GA, and I'm navigating the process of changing the property deeds after the passing of my husband. We jointly owned our home, but the security deed inaccurately lists us as "unmarried," and the warranty deed doesn’t include joint tenancy with rights of survivorship (JTWROS), as we intended. The court has instructed me to draft a new warranty deed to reflect my name only, while providing the death and marriage certificates. I have already initiated probate proceedings, am the sole beneficiary and executor of his will, and the property has a 30-year mortgage and a second mortgage, both in good standing. Given these circumstances: 1. Is it necessary to correct the security deed before creating a new warranty deed? 2. Is it advisable or necessary to hire an attorney to draft a legally binding new warranty deed for the property?
A:
This will depend on whether you both are listed on the security deed. If you are, then no action should be required with regards to the security deed, as this simply records the mortgage companies interest to the property. In regards to the warranty deed, I assume that if you are not joint tenants, the deed provided you both as tenants in common. With you being sole beneficiary, the operative effect now that probate is open would be the same as that of joint tenancy.
Without reviewing the specific case or having all of the information, it seems that an administrators deed quitclaiming his interest to yourself would be sufficient to properly transfer your late husbands interest into your name. That said, I would advise you to speak with an attorney who can review all of the facts in the matter and assist you in properly transferring title.
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