SPEAK WITH A TEAM MEMBER (770) 920-6030

Download the Georgia Probate Handbook.

Learn Important Probate Essentials, including key things that go wrong in an estate, how to prevent them, and what to do if they happen.

 

    When is real estate inherited by the family?

    By
    logos-image logos-image logos-image

    What happens when property is owned by two people and one of them dies?  Is the real estate inherited by the family?

    real estateThis is a common question about inheritance in Georgia. The answer depends on what the title to the property says. The relationship between the co-owners (whether married or not married, family or not family, etc.) does not come into play in this question, and will not change the answer.

    Georgia probate law has two different ways that two people can own property together. One is tenants-in-common and the other is joint tenants with rights of survivorship.

    The difference between these two types of ownership is that an interest in tenants-in-common property becomes an asset of the deceased person’s estate, and can be inherited by the deceased owner’s heirs or beneficiaries. If the property is titled as joint tenants with rights of survivorship, however, then the property does not go into the deceased owner’s estate and the title will automatically go to the other owner when one of the owners dies.

    Looking at the deed is the only way to determine which way the property is titled. When looking at the real estate deed, you should be looking for the words joint or joint tenants. If those words are on the deed, then it is very likely that the property is titled jointly. If the words joint or joint tenants are not on the deed, or are not in the right spot on the deed, then the property will most likely be tenants-in-common.

    Related Topic:  How to stop someone from becoming Administrator?

    One of the most amazing things about investigating a question like this is how often people believe that real estate is titled one way, only to find out after there has been a death that it is titled another way.

    If you have a situation like this, we recommend that you seek the advice of an experienced probate attorney to help you determine what happens to the property. Contact us for a free consultation. 

    Disclaimer: The information above is provided for general information only and should not be considered legal advice. Our probate lawyers provide legal advice to our clients after talking about the specific circumstances of the client’s situation. Our law firm cannot give you legal advice unless we undertsand your situation by talking with you. Please contact our law office to receive specific information about your situation.

    MORE FROM OUR BLOG

    After a loved one passes away, it is not uncommon to want to begin handling their affairs right away. Often, one of the first things the family will want to access the deceased’s bank accounts. Unfortunately, they quickly learn that the bank will not speak with them or give them any information, l...

    What happens if it is discovered that the deceased had dementia when the Will was created? Does that mean that the Will is automatically invalid or that the Probate Court will not accept it?  We will discuss these questions in this post. My name is Erik Broel & I am the founder & CEO of ...

    When can the Estate cover attorney's fees?  This is a common question with a somewhat complicated answer.  We’ll cover the basics in this post. My name is Erik Broel & I am the founder & CEO of Georgia Probate Law Group. At our firm we help families who have lost a loved one navigate ...

    © 2021 Georgia Probate Law Group by Broel Law, LLC. All rights reserved.