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AV Preeminent Peer Rated Attorneys
Americus Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Americus Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
  • 323 South Lee St., Americus, GA 31709

  • 508 Spring St., Americus, GA 31709

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Estate planning attorneys help individuals prepare for the management and distribution of their assets after death or incapacitation. They create legal documents such as wills, trusts, powers of attorney, and healthcare directives. Their work ensures a client’s wishes are honored, minimizes potential taxes, and simplifies the process for their loved ones.

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Commonly Asked Estate Planning Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Mom died. Dad survived. Both names on deed to house. Both have wills leaving house to the other. Should deed be changed to dads name only. Diy?

Answered by attorney Loraine M. DiSalvo
Estate Planning lawyer at Morgan & DiSalvo, P.C.
Please accept my condolences on the loss of your mother.   As for your first question (should the deed be changed to your father's name), the answer can only be Maybe. It's impossible to know what, if anything, your father needs to do without (A) seeing the deed to the home he owned with your mother, (B) knowing more about her estate and what became part of her probate estate when she died, and (C) knowing whether or not she had a Will.   As for your second question (can you do the deed change yourself): the answer is easier: NO. Never try to do a deed yourself. That's the best and fastest way to create a problem with title to a property. To have a decent real estate attorney prepare a deed and help you file it correctly with the county is generally not a lot of money, assuming that there isn't already a problem with the title to the property. And, if there is a problem with the title, then consulting the attorney may not be inexpensive, but getting the problem addressed sooner rather than later is always better.   Back to the first question: If your mom and dad owned the property as joint tenants with rights of survivorship, which in Georgia would require the deed to contain the right language in addition to both of their names and not simply show both of their names as the owners, then your dad does not have to do anything to change the title to his individual name- that happened automatically when your mother died. He could, but does not have to, prepare and file an Affidavit of Surviving Joint Tenant- this is an affidavit that basically states that they owned the property as joint tenants but that she died and he became the sole owner at her death. It shoould also include a certified copy of her death certificate. (This is also NOT a good DIY project.) However, even if the deed was held as joint tenants, it does not mean that your father does not need to take or should not consider taking other steps to deal with other property your mother owned (such as filing her Will for probate or for informational purposes, making a year's support claim, or other steps). He may also need to reapply for the homestead exemption.   Your father really shoulod consult a probate attorney and get a probate consultation. The attorney can take a look at the deed and other information and help your dad figure out what he really needs to do, and can then help him figure out the best way to get it all done. If you and he don't mind doing a lot of the legwork, then the attorney may be able to just provided guidance and let you do as much as possible on your own. But please don't just try to DIY this, and please don't just do nothing and assume all is fine.   Best wishes to you and your father.    
Please accept my condolences on the loss of your mother.   As for your first question (should the deed be changed to your father's name), the answer can only be Maybe. It's impossible to know what, if anything, your father needs to do without (A) seeing the deed to the home he owned with your mother, (B) knowing more about her estate and what became part of her probate estate when she died, and (C) knowing whether or not she had a Will.   As for your second question (can you do the deed change yourself): the answer is easier: NO. Never try to do a deed yourself. That's the best and fastest way to create a problem with title to a property. To have a decent real estate attorney prepare a deed and help you file it correctly with the county is generally not a lot of money, assuming that there isn't already a problem with the title to the property. And, if there is a problem with the title, then consulting the attorney may not be inexpensive, but getting the problem addressed sooner rather than later is always better.   Back to the first question: If your mom and dad owned the property as joint tenants with rights of survivorship, which in Georgia would require the deed to contain the right language in addition to both of their names and not simply show both of their names as the owners, then your dad does not have to do anything to change the title to his individual name- that happened automatically when your mother died. He could, but does not have to, prepare and file an Affidavit of Surviving Joint Tenant- this is an affidavit that basically states that they owned the property as joint tenants but that she died and he became the sole owner at her death. It shoould also include a certified copy of her death certificate. (This is also NOT a good DIY project.) However, even if the deed was held as joint tenants, it does not mean that your father does not need to take or should not consider taking other steps to deal with other property your mother owned (such as filing her Will for probate or for informational purposes, making a year's support claim, or other steps). He may also need to reapply for the homestead exemption.   Your father really shoulod consult a probate attorney and get a probate consultation. The attorney can take a look at the deed and other information and help your dad figure out what he really needs to do, and can then help him figure out the best way to get it all done. If you and he don't mind doing a lot of the legwork, then the attorney may be able to just provided guidance and let you do as much as possible on your own. But please don't just try to DIY this, and please don't just do nothing and assume all is fine.   Best wishes to you and your father.    
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How do I claim my portion of my father's estate?

Answered by attorney Dara J. Goldsmith
Estate Planning lawyer at Goldsmith & Guymon, P.C.
From your recitation of the facts it is difficult to determine exactly what happened. In order to determine if you were effectively disinherited from your father's estate you should have his Will reviewed by and attorney. I am unsure if your mother is alive or deceased or if she survived your father. You do not mention if either parent had a probate estate opened, or if assets passed to the survivor outside of probate. These are all important issues, as you may be a creditor of one or both estates, but you would need to file a timely claim. If your mother survived and your father left the estate to her you may be a beneficiary of her estate and then his disinheritance in his Will may not impact you, but again it is difficult to say without reviewing he relevant documents and having a complete understanding of the facts.
From your recitation of the facts it is difficult to determine exactly what happened. In order to determine if you were effectively disinherited from your father's estate you should have his Will reviewed by and attorney. I am unsure if your mother is alive or deceased or if she survived your father. You do not mention if either parent had a probate estate opened, or if assets passed to the survivor outside of probate. These are all important issues, as you may be a creditor of one or both estates, but you would need to file a timely claim. If your mother survived and your father left the estate to her you may be a beneficiary of her estate and then his disinheritance in his Will may not impact you, but again it is difficult to say without reviewing he relevant documents and having a complete understanding of the facts.
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Wife died no will what are children by another marriage entitled to

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Answered by attorney Jonathan James Wade (Unclaimed Profile)
Estate Planning lawyer at Wade Law Office
My condolences to you on your loss. If your wife had her primary residence in Georgia at the time of her death, Georgia law will control most of her probate estate assets (except for any real estate she may have owned in another state - that state's laws will control the real estate). "Probate" estate assets would be assets your wife owned at her death and which did NOT pass to someone else under a right of survivorship or a beneficiary designation. Under Georgia law, if a person is married at her death, her probate estate will be distributed to her heirs, subject to any possible year's support claims. The estate assets must first be used to pay debts, administrative expenses, and taxes. The estate may also be subject to a Year's Support claim by the surviving spouse and any surviving minor children (under 18 years old). Year's Support is an amount which can be awarded to a surviving spouse or surviving minor child. The purpose is to provide the award recipient with enough assets from the estate to help that person survive for a year after the death. There's not a set amount or share for year's support: it is fact-dependent. If there are contesting parties who challenge the claim, and the claimant has a lot of income and resources of his own,  the award can be little or nothing. After any year's support claims, debts, administrative expenses, and taxes are paid, the heirs divide the rest as follows: if there is a spouse and at least one surviving child (adult or minor), the spouse and the child each take an equal share. However, the spouse gets at least 1/3, so if there are three or more children, the spouse gets 1/3 and each child gets an equal share of the other 2/3. If a child predeceased the deceased, then that child's own children would take his or her share, if there are any. No share is created for a child who predeceased the deceased and did not have any descendant of the child's own. "Probate" assets do not include assets which are payable to a designated beneficiary under a beneficiary designation, unless the estate is the beneficiary (such as life insurance, IRAs, 401k accounts, accounts held with a "POD" or "payable on death" designation, and securities held in "transfer on death" or "TOD" form). Probate assets also don't include the deceased's interest in assets which pass by rights of survivorship, which are assets held by the deceased and any other person(s) as "joint tenants." For bank or brokerage accounts, joint accounts are held as joint tenants by default, so unless "tenants in common" is stated on the account they pass by right of survivorship. For Georgia real estate, the default is tenants in common, so that unless the deed says "as joint tenants," "with rights of survivorship," or something very similar in addition to the names of the joint owners, the deceased's share of the real estate stays in her probate estate at her death. You need to consult an experienced estate attorney soon.  Do not delay, because you can lose your rights or your assets if you do.    
My condolences to you on your loss. If your wife had her primary residence in Georgia at the time of her death, Georgia law will control most of her probate estate assets (except for any real estate she may have owned in another state - that state's laws will control the real estate). "Probate" estate assets would be assets your wife owned at her death and which did NOT pass to someone else under a right of survivorship or a beneficiary designation. Under Georgia law, if a person is married at her death, her probate estate will be distributed to her heirs, subject to any possible year's support claims. The estate assets must first be used to pay debts, administrative expenses, and taxes. The estate may also be subject to a Year's Support claim by the surviving spouse and any surviving minor children (under 18 years old). Year's Support is an amount which can be awarded to a surviving spouse or surviving minor child. The purpose is to provide the award recipient with enough assets from the estate to help that person survive for a year after the death. There's not a set amount or share for year's support: it is fact-dependent. If there are contesting parties who challenge the claim, and the claimant has a lot of income and resources of his own,  the award can be little or nothing. After any year's support claims, debts, administrative expenses, and taxes are paid, the heirs divide the rest as follows: if there is a spouse and at least one surviving child (adult or minor), the spouse and the child each take an equal share. However, the spouse gets at least 1/3, so if there are three or more children, the spouse gets 1/3 and each child gets an equal share of the other 2/3. If a child predeceased the deceased, then that child's own children would take his or her share, if there are any. No share is created for a child who predeceased the deceased and did not have any descendant of the child's own. "Probate" assets do not include assets which are payable to a designated beneficiary under a beneficiary designation, unless the estate is the beneficiary (such as life insurance, IRAs, 401k accounts, accounts held with a "POD" or "payable on death" designation, and securities held in "transfer on death" or "TOD" form). Probate assets also don't include the deceased's interest in assets which pass by rights of survivorship, which are assets held by the deceased and any other person(s) as "joint tenants." For bank or brokerage accounts, joint accounts are held as joint tenants by default, so unless "tenants in common" is stated on the account they pass by right of survivorship. For Georgia real estate, the default is tenants in common, so that unless the deed says "as joint tenants," "with rights of survivorship," or something very similar in addition to the names of the joint owners, the deceased's share of the real estate stays in her probate estate at her death. You need to consult an experienced estate attorney soon.  Do not delay, because you can lose your rights or your assets if you do.    
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