Cisco, GA Estate Planning Law Firms & Lawyers

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.    

The "spouse benefit" referred to by the quoted language is one-half of your former spouse's benefit, not his actual benefit amount. "Spouse benefit" means the benefit payable to a person's spouse (or former spouse, in this case). If your individual benefit under your record is higher than the spouse benefit payable under your former spouse's record, which is one-half his benefit, then you would only receive your individual benefit. So it sounds like you are getting the maximum amount you are entitled to.

A will can be one in a day or two. Much of the time is determined by the client and if they know what they want. If your mother would like to talk with someone, many estate planning lawyers have free consultations and I would advise that you speak to one to determine if a will can offer her a benefit. Sometimes they are unnecessary or there are other documents that are better to use depending on her circumstances and desires.